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UNIVERSITY  OF  ILLINOIS 


CHARTER 

of  the  City  of 

BERKELEY 


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LIBRARY 

UNIVERSITY  OF  ILLINOIS 
URBANA 


BISHOP  BERKELEY 

“ Westward  the  course  of  empire  takes  its  way 
The  four  first  acts  already  past, 

A fifth  shall  close  the  drama  with  the  day: 

Time’s  noblest  offspring  is  the  last.” 

George  Berkeley,  Bishop  of  Cloyne,  a distinguished 
English  philosopher  and  writer,  after  whom  Berkeley,  Cali- 
fornia, is  named,  was  born  at  Dysert  Castle,  near  Thomas- 
town,  Ireland,  March  12,  1685.  Educated  in  Trinity  College, 
Dublin,  he  was  appointed  an  Episcopal  prelate,  and  devoted 
himself  to  literature  and  to  philanthropic  efforts  to  establish 
in  America  a college  for  the  education  and  conversion  of  the 
Indians  to  Christianity.  He  lived  nearly  four  years  in  Rhode 
Island,  respected,  esteemed  and  beloved  by  the  people  of 
early  New  England.  The  British  government  neglected  to 
furnish  the  promised  funds  for  the  college,  and,  having 
exhausted  much  of  his  own  fortune  in  his  benevolent  design, 
Bishop  Berkeley  was  compelled  to  return  to  his  native  land. 
So  powerfully  impressed  had  he  become  with  the  great  future 
of  the  American  colonies  that  he  wrote  the  famous  poem, 
“Destiny  of  America,”  the  concluding  stanza  of  which  is 
quoted  above.  Alexander  Pope,  his  most  intimate  friend, 
declared  he  was  “possessed  of  every  virtue.”  He  died 
January  14,  1753,  at  Oxford,  England. 


CHARTER 

of  the 

City  (/Berkeley 

PREPARED  AND  PROPOSED  BY  THE 

BOARD  OF  FREEHOLDERS 


Elected  November  2 1,1908,  in  Pursuance  of  the  Provisions  of 
Section  8,  Article  XI  of  the  Constitution  of  the 
State  of  California. 


Ratified  by  the  qualified  electors  of  the  Town  of  Berkeley  at  a 
special  municipal  election  held  on  January  30,  1909. 
Subsequently  presented  to  the  Legislature 
of  the  State  of  California  and 
thereafter  approved. 


In  Effect  July  1st,  1909 
Amended  in  1913,  1917  and  1923 


PRINTED  BY 
THE  GAZETTE  PRESS 
2034  CENTER  STREET 
BERKELEY 


\ 

Collection  of  Delos  Franklin  WilcoX 


A /?o7S3 
> Oof- 


CHARTER 

OF  THE 


Article  I. 
II. 

III. 

IV. 
V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 
XV. 

XVI. 


City  of  Berkeley 


Name  and  Rights  of  the  City. 

Boundaries. 

Elections. 

The  Recall  of  Elective  Officers. 

Elective  Officers. 

The  Mayor. 

Executive  and  Administrative  Departments. 
The  Council. 

Powers  of  the  City  and  of  the  Council. 
Finance  and  Taxation. 

Public  Work  and  Supplies. 

Franchises. 

The  Initiative. 

The  Referendum. 

The  Public  Schools. 

Miscellaneous. 


ARTICLE  I. 

NAME  AND  RIGHTS  OF  THE  CITY 


Name  of  the  City. 

Sec.  i.  The  municipal  corporation  now  existing  and 
known  as  the  Town  of  Berkeley  shall  remain  and  continue 
a body  politic  and  corporate  in  name  and  in  fact,  by  the 
-s-mame  of  the  City  of  Berkeley,  and  by  such  name  shall  have 
- perpetual  succession. 

Rights  and  Liabilities. 

Sec.  2.  The  City  of  Berkeley  shall  remain  vested  with 
' and  continue  to  have,  hold  and  enjoy  all  property,  rights  of 
property  and  rights  of  action  of  every  nature  and  descrip- 
tion now  pertaining*  to  this  municipality,  and  is  hereby 
declared  to  -be  the  successor  of  the  same.  It  shall  be 
subject  to  all  the  liabilities  that  now  exi,g|t  against  this 
municipality. 


6 


CHARTER  OF  THE  CITY  OF  BERKELEY 


ARTICLE  II. 

BOUNDARIES 

Sec.  3.  The  boundaries  of  the  City  of  Berkeley  shall  be 
as  follows : 

Beginning-  at  a point  of  intersection  of  the  boundary 
line  between  Alameda  County  and  Contra  Costa  County, 
California,  with  the  eastern  line  of  plot  number  eighty- 
three  (83)  as  said  plot  is  shown  on  Kellersberger’s  map  of 
the  subdivision  of  the  Rancho  of  Vincente  and  Domingo 
Peralta,  of  record  in  the  office  of  the  County  Recorder  of 
Alameda  County;  thence  southerly  along  the  eastern  line 
of  said  plot  eighty-three  (83)  and  plots  eighty-two  (82) 
and  eighty  (80)  and  along  the  prolongation  of  said  eastern 
line  of  said  plot  eighty  (80)  southerly  across  plots  seventy- 
eight  (78)  and  seventy-seven  (77)  and  along  the  line 
dividing  plots  seventy-four  (74)  and  seventy-five  (75), 
all  of  said  plots  being  portions  of  the  subdivision  of  said 
Rancho  of  Vincente  and  Domingo  Peralta,  to  a point  one 
hundred  and  fifty  (150)  feet  southerly  from  the  northeast 
corner  of  said  plot  seventy-five  (75)  of  said  Kellersberger’s 
subdivision  of  said  Rancho  of  Vincente  and  Domingo 
Peralta,  and  one  hundred  (100)  feet  southerly  from  the 
intersection  of  said  line  of  said  plot  seventy-five  (75)  with 
the  southern  line  of  Russell  Street  as  located  by  survey,  a 
map  of  which  is  recorded  in  the  office  of  the  County  Re- 
corder of  Alameda  County,  California,  on  page  thirty-nine 
(39)  of  Book  Nineteen  (19)  of  maps,  said  point  on  said 
southern  line  of  said  Russell  Street  being  identical  with 
the  southern  line  of  Public  Road  No.  3093  of  Alameda 
County — commonly  called  the  tunnel  road — at  its  point  of 
beginning;  thence  easterly  and  southeasterly  along  a line 
one  hundred  (100)  feet  distant  from  and  parallel  with  the 
said  southern  line  of  said  County  Road  No.  3093  to  a 
point  six  hundred  and  sixty  (660)  feet  distant  southerly 
from  and  at  right  angles  to  the  northern  line  of  plot  sev- 
enty-four (74)  as  per  Kellesberger’s  subdivision  of  said 
Rancho  of  Vincente  and  Domingo  Peralta ; thence  easterly 
and  parallel  with  said  northern  line  of  said  plot  seventy- 


CHARTER  OF  THE  CITY  OF  BERKELEY 


7 


four  (74)  to  the  eastern  line  thereof;  thence  southerly 
along  the  eastern  boundary  of  said  plot  seventy-four  (74) 
to  the  southeast  corner  thereof;  thence  westerly  along  the 
southern  boundary  of  plots  seventy-four  (74)  and  seventy- 
six  (76)  to  the  Rancho  Vincente  and  Domingo  Peralta 
and  said  line  produced  westerly  to  Claremont  Avenue; 
thence  westerly  across  Claremont  Avenue  to  the  point  of 
intersection  of  the  western  line  of  said  Claremont  Avenue 
with  the  southern  line  of  the  Colby  Tract  as  indicated  on 
map  of  same,  recorded  on  Page  76  of  Map  Book,  No.  19, 
in  the  office  of  the  County  Recorder  of  Alameda  County; 
thence  westerly  along  the  southern  line  of  the  Colby 
Tract  to  the  eastern  line  of  Colleg'e  Avenue;  thence  wes- 
terly, crossing  College  Avenue  at  right  angles  to  same,  to 
a point  on  the  eastern  boundary  of  the  City  of  Oakland 
one  hundred  and  twenty-five  (125)  feet  westerly  from  the 
western  line  of  College  Avenue;  thence  northerly  and  par- 
allel to  College  Avenue  to  a point  twenty  and  seven-tenths 
(20.7)  feet  at  right  angles  southerly  from  the  southern 
line  of  Woolsey  Street  in  the  “Fairview  Park” ; thence 
westerly  in  a straight  line  to  a point  ninety-seven  and 
fifty-hundredths  (97.50)  feet  at  right  angles  southerly  from 
the  southerly  line  of  Woolsey  Street  in  the  Newbury 
Tract,  Berkeley,  Cal.,  said  point  being  on  the  prolongation 
in  a straight  line  northerly  of  the  eastern  boundary  of  the 
Lorin  Villa  Tract;  thence  southerly  along  said  prolonga- 
tion of  said  eastern  line  of  said  Lorin  Villa  Tract,  and 
along  the  eastern  line  of  said  Lorin  Villa  Tract  and  said 
eastern  line  of  said  Lorin  Villa  Tract  produced  in  a 
straight  line  southerly  to  a point  one  hundred  and  thirty- 
five  (135)  feet  southerly  from  the  southern  line  of  Alcatraz 
Avenue;  thence  westerly  and  parallel  with  the  said  south- 
ern line  of  Alcatraz  Avenue  to  the  line  dividing  plots  num- 
bers forty-six  (46)  and  fifty-two  (52)  of  Kellersberger’s 
subdivision  of  the  Rancho  of  Vincente  and  Domingo 
Peralta;  thence  southerly  along  the  said  last  line  to  a 
point  on  said  line  one  hundred  and  thirty-five  (135) 
feet  southerly  from  the  southern  line  of  Todd  Street,  as 
shown  on  map  of  Paradise  Park;  thence  ! westerly  and 
parallel  with  the  southern  line  of  Todd  Street  to  a point 


8 


CHARTER  OF  THE  CITY  OF  BERKELEY 


one  hundred  (ioo)  feet  westerly  from  the  western  line 
of  Occidental  Street,  as  shown  on  said  map  of  Paradise 
Park  (said  Occidental  Street  being  that  street  now  known 
as  California  Street)  ; thence  northerly  and  parallel  with 
said  California  Street  to  a point  one  hundred  (ioo)  feet 
southerly  from  the  southern  line  of  Alcatraz  Avenue; 
thence  westerly  and  parallel  with  said  southern  line  of 
Alcatraz  Avenue  to  a point  one  hundred  and  sixty  (160) 
feet  westerly  from  the  western  line  of  Idaho  Street,  as 
shown  on  map  of  Herzog  Tract;  thence  northerly  and  par- 
allel with  the  said  western  line  of  said  Idaho  Street,  as 
shown  on  maps  of  the  Herzog  Tract  and  of  the  Rock 
Island  Tract,  to  a point  one  hundred  (ioo)  feet  southerly 
from  the  southern  line  of  Blackstone  Street,  as  shown  on 
map  of  the  Rock  Island  Tract  ; thence  westerly  and  paral- 
lel with  the  southern  line  of  said  Blackstone  Street  to  a 
point  one  hundred  (ioo)  feet  westerly  from  the  western 
line  of  Mabel  Street  as  shown  on  map  of  the  Carrison 
Tract,  if  said  western  line  of  said  Mabel  Street  as  located 
east  of  said  Carrison  Tract  were  extended  in  a direct  line 
southerly;  thence  northerly,  and  parallel  with  the  said 
western  line  of  said  Mabel  Street  and  the  extension  thereof 
southerly,  to  a point  one  hundred  (ioo)  feet  southerly  from 
the  southerly  line  of  Haskell  Street  as  shown  on  map  of 
the  Carrison  Tract;  thence  westerly  and  parallel  with  the 
said  southern  line  of  Haskell  Street  to  the  eastern  line  of 
San  Pablo  Avenue;  thence  northerly  along  the  said  eastern 
line  of  said  San  Pablo  Avenue,  ninety-five  (95)  feet;  thence 
westerly  across  San  Pablo  Avenue  to  a point  on  the  west- 
erly line  thereof  distant  one  hundred  and  ten  (no)  feet 
northerly  from  the  northern  line  of  Union  Street,  as  said 
Union  Street  is  shown  on  map  of  the  Villa  Homestead  As- 
sociation; thence  westerly  and  parallel  with  the  said  north- 
ernern  line  of  said  Union  Street  and  parallel  with  the  exten- 
sion of  said  line  of  said  Union  Street  to  the  western 
boundary  of  Alameda  County;  thence  northerly  and  along 
the  said  western  boundary  of  Alameda  County  to  a point 
from  which  a line  drawn  easterly  at  right  angles  to  the 
western  line  of  First  Street,  in  Tract  “B”  of  the  lands  of 
the  Berkeley  Land  and  Town  Improvement  Association 


CHARTER  OF  THE  CITY  OF  BERKELEY 


9 


would  intersect  said  western  line  of  said  First  Street  at 
Codornices  Creek;  thence  easterly  in  a straight  line  to  the 
point  of  intersection  of  the  western  line  of  said  First  Street 
with  Codornices  Creek;  thence  easterly  along  said  creek 
to  the  corner  common  to  Lots  186  and  187  of  Peralta 
Park,  as  shown  on  the  map  of  the  Resubdivision  of  Peralta 
Park,  filed  August  29th,  1893,  on  page  4 of  Map  Book 
No.  15,  in  the  office  of  the  County  Recorder  of  Alameda 
County ; thence  northerly  along  the  line  dividing  Lots 
numbers  165  to  176  inclusive  and  numbers  178  to  186  in- 
clusive on  the  east,  and  Lots  numbers  187  to  204  inclusive 
on  the  west  to  a point  on  the  southern  line  of  Lot  No.  162, 
all  of  said  lots  being  of  said  resubdivision  of  Peralta  Park; 
thence  westerly  along  the  northern  boundary  line  of  Lot 
204  to  the  corner  common  to  Lots  161  and  162,  thence 
northerly  along  the  line  dividing  said  Lots  161  and  162 
as  shown  on  said  map  of  Resubdivision  of  Peralta  Park 
to  the  southern  line  of  Posen  Avenue;  thence  northerly, 
crossing  Posen  Avenue  to  a point  on  the  northern  line 
of  same  at  the  corner  common  to  Lots  116  and  117  of  said 
Resubdivision  of  Peralta  Park ; thence  northerly  along 
the  line  dividing  Lots  117,  107  and  94  on  the  west  from 
Lots  1 16,  108  and  93  on  the  east  to  the  corner  common 
to  said  Lots  93  and  94,  on  the  northern  boundary  of  said 
Peralta  Park;  thence  easterly  along  the  northern  line  of 
Peralta  Park  to  the  southeasterly  corner  of  Lot  Number 
1 in  Block  Number  16  as  surveyed  in  “Northbrae,  Berke- 
ley, California,”  a map  of  which  was  filed  in  the  office  of 
the  Recorder  of  Alameda  County  on  April  8th,  1907,  on 
page  65  of  Map  Book  No.  22 ; thence  northeasterly  in  a 
straight  line  to  a point  on  the  northwesterly  line  of  Mon- 
terey Avenue  as  per  map  of  “Northbrae,”  where  said 
northwesterly  line  of  Monterey  Avenue  intersects  the 
western  line  of  that  certain  piece  or  parcel  of  land  con- 
veyed by  George  Sterling  and  Carrie  R.  Sterling  to  the 
Berkeley  Development  Company  by  deed  dated  October 
13th,  1906,  and  recorded  at  page  92  in  book  of  Deeds 
Number  1243;  thence  north  9 degrees  45  minutes  west 
along  the  western  line  of  said  last  named  piece  or  parcel 
of  land  twenty-five  hundred  and  fifty-eight  (2558)  feet, 


10 


CHARTER  OF  THE  CITY  OF  BERKELEY 


more  or  less,  to  the  northwesterly  corner  of  said  piece 
or  parcel  of  land;  thence  north  80  degrees  15  minutes  east 
along  the  northerly  line  of  said  last  named  piece  or  parcel 
of  land  twenty-nine  hundred  and  nineteen  and  89-100 
(2919.89)  feet  to  a point  in  the  center  line  of  County  Road 
Number  4398,  said  County  Road  being  also  commonly 
known  as  Spruce  Street,  and  designated  as  “Spruce  Street” 
on  map  entitled  “North  Cragmont,  Berkeley,  Cal,”  filed  in 
the  office  of  the  County  Recorder  of  Alameda  County  on 
April  20th,  1908,  pn  page  84  of  Map  Book  Number  23; 
thence  southerly  and  following  the  center  line  of  said 
County  Road  No.  4398  to  its  intersection  with  “Sawyer’s 
partition  Line”  ; thence  north  60  degrees  30  minutes  east 
along  said  “Sawyer’s  partition  Line,”  said  line  being 
identical  with  the  northern  line  of  “Tuohys  Second  Addi- 
tion,” to  the  corner  common  to  plots  “Q”  and  “R”  as 
shown  on  map  entitled  “Map  of  the  Undivided  Mountain 
and  Hill  Land  of  Vincente  and  Domingo  Peralta  Rancho 
as  partitioned  by  a degree  of  the  Third  District  Court, 
March  2nd,  1875,”  filed  in  the  office  of  the  County  Recorder 
of  Alameda  County,  October  6th,  1875,  on  page  30  of 
Map  Book  Number  19;  thence  south  5 degrees  east  along 
said  line  dividing  said  plots  “0”  and  “R”  eleven  hundred 
and  sixteen  and  72-100  (1116.72)  feet  to  the  northern 
line  of  Berkeley,  as  per  description  in  Charter  adopted 
March  5th,  1895 ; thence  easterly  along-  said  northern  line 
of  Berkeley  as  per  charter  adopted  March  5th,  1895, 
line  being  identical  with  the  northern  lines  of  plots  eighty- 
four  (84)  and  eighty-three  (83)  as  per  Kellersberger’s 
map  of  the  subdivision  of  the  Rancho  Vincente  and 
Domingo  Peralta,  of  record  in  the  office  of  the  County 
Recorder  of  Alameda  County,  to  a point  on  the  line 
dividing  Alameda  County  and  Contra  Costa  County,  said 
point  being  the  most  northern  point  on  the  boundary  of 
said  plot  83 ; thence  southerly  and  southeasterly  along  said 
line  between  said  Alameda  and  Contra  Costa  counties  to 
the  point  of  beginning. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


11 


ARTICLE  III. 

ELECTIONS 

General  and  Special  Municipal  Elections. 

Sec.  4.  A municipal  election  shall  be  held  on  the  first 
Tuesday  in  May,  1923,  and  biennially  thereafter.  All  such 
elections  shall  be  known  as  regular  municipal  elections.  All 
other  municipal  elections  that  may  be  held  shall  be  known  as 
special  municipal  elections. 

Nomination  and  election  of  city  officers. 

Sec.  5.  (1)  All  elective  officers  shall  be  elected  by  the 

preferential  system.  The  form  of  the  ballots,  the  method 
of  conducting  elections  and  the  rules  for  counting  the  ballots 
shall  be  governed  by  the  provisions  relating  thereto  herein- 
after prescribed  in  this  Article. 

Condition  of  Candidacy. 

(2)  The  name  of  a candidate  shall  be  printed  upon  the 
ballot  when  a petition  of  nomination  shall  have  been  filed 
in  his  behalf  in  the  manner  and  form  and  under  the  condi- 
tions hereinafter  set  forth. 

Form  of  nomination  petition. 

(3)  The  petition  of  nomination  shall  consist  of  not  less 
than  twenty-fiVe  individual  certificates,  which  shall  read 
substantially  as  follows: 

PETITION  OF  NOMINATION 

Individual  Certificate. 

State  of  California,  I 
County  of  Alameda,  > ss. 

City  of  Berkeley,  ) Prect.  No 

I,  the  undersigned,  certify  that  I do  hereby  join  in  a 
petition  for  the  nomination  of whose  resi- 
dence is  at  No Street,  Berkeley,  for  the  office  of 

to  be  voted  for  at  the  municipal  election 

to  be  held  in  the  City  of  Berkeley  on  the day  of 

19 , and  I further  certify  that  I am  a 

qualified  elector  and  am  not  at  this  time  a signer  of  any 
other  petition  nominating  any  other  candidate  for  the  above 


12 


CHARTER  OF  THE  CITY  OF  BERKELEY 


named  office,  or,  in  case  there  are  several  places  to  be  filled 
in  the  above  named  office,  that  I have  not  signed  more 
petitions  than  there  are  places  to  be  filled  in  the  above 

named  office;  that  my  residence  is  at  No 

Street,  Berkeley,  and  that  my  occupation  is 


(Signed) 

State  of  California, 

County  of  Alameda, 

City  of  Berkeley, 

- being  duly  sworn,  deposes  and  says  that 

he  is  the  person  who  signed  the  foregoing  certificate  and 
that  the  statements  therein  are  true  and  correct. 


(Signed) 

Subscribed  and  sworn  to  before  me  this day  of 

19 


(Notary  Public  or  Verification  Deputy.) 
The  petition  of  nomination  of  which  this  certificate  forms 

a part  shall,  if  found  insufficient,  be  returned  to 

at  No Street,  Berkeley,  Cal. 

Forms  to  be  supplied  by  the  City  Clerk. 

(4)  It  shall  be  the  duty  of  the  City  Clerk  to  furnish 
upon  application  a reasonable  number  of  forms  of  indi- 
vidual certificates  of  the  above  charter. 

Requirements  of  certificate. 

(5)  Each  certificate  must  be  a separate  paper.  All  cer- 
tificates must  be  of  a uniform  size  as  determined  by  the 
City  Clerk.  Each  certificate  must  contain  the  name  of  one 
signer  thereto  and  no  more.  Each  certificate  shall  contain 
the  name  of  one  candidate  and  no  more.  Each  signer  must 
be  a qualified  elector,  must  not  at  the  time  of  signing  a 


CHARTER  OF  THE  CITY  OF  BERKELEY 


13 


certificate  have  his  name  signed  to  any  other  certificate 
for  any  other  candidate  for  the  same  office,  nor,  in  case  there 
are  several  places  to  be  filled  in  the  same  office,  signed  to 
more  certificates  for  candidates  for  that  office  than  there 
are  places  to  be  filled  in  such  office.  In  case  an  elector  has 
signed  two  or  more  conflicting  certificates,  all  such  certificates 
shall  be  rejected.  Each  signer  must  verify  his  certificate  and 
make  oath  that  the  same  is  true  before  a notary  public  or 
a verification  deputy,  as  provided  for  in  this  section.  Each 
certificate  shall  further  contain  the  name  and  address  of 
the  person  to  whom  the  petition  is  to  be  returned  in  case 
said  petition  is  found  insufficient. 

Verification  deputies. 

(6)  Verification  deputies,  under  this  section,  must  be 
qualified  electors  of  the  City  and  shall  be  appointed  by  the 
City  Clerk  upon  application  in  writing  signed  by  not  less 
than  five  qualified  electors  of  the  City.  The  application 
shall  set  forth  that  the  signers  thereto  desire  to  procure 
the  necessary  signatures  of  electors  for  the  nomination  of 
candidates  for  municipal  office  at  an  election  therein  speci- 
fied, and  that  the  applicants  desire  the  person  or  persons 
whose  names  and  addresses  are  given,  appointed  as  veri- 
fication deputies,  who  shall  upon  appointment  be  author- 
ized and  empowered  to  take  the  oath  of  verification  of  the 
signers  of  petitions  of  nomination.  Such  verification 
deputies  need  not  use  a seal,  and  shall  not  have  power  to 
take  oaths  for  any  other  purpose  whatsoever,  and  their 
appointments  shall  continue  only  until  all  petitions  of  nomi- 
nation, under  this  section,  shall  have  been  filed  by  the  City 
Clerk. 

Date  of  presenting  petition. 

(7)  A petition  of  nomination  consisting  of  not  less 
than  twenty-five  individual  certificates  for  any  one  candi- 
date, may  be  presented  to  the  City  Clerk  not  earlier  than 
forty-five  days  nor  later  than  thirty  days  before  the  elec- 
tion. The  Clerk  shall  endorse  thereon  the  date  upon  which 
the  petition  was  presented  to  him. 


14 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Examination  of  petitions  by  City  Clerk. 

(8)  When  a petition  of  nomination  is  presented  for 
filing  to  the  City  Clerk,  he  shall  forthwith  examine  the 
same,  and  ascertain  whether  it  conforms  to  the  provisions 
of  this  section.  If  found  not  to  conform  thereto,  he  shall 
then  and  there  in  writing  designate  on  said  petition  the 
defect  or  omission  or  reason  why  such  petition  cannot  be 
filed,  and  shall  return  the  petition  to  the  person  named  as 
the  person  to  whom  the  same  may  be  returned  in  accord- 
ance with  this  section.  The  petition  may  then  be  amended 
and  again  presented  to  the  Clerk  as  in  the  first  instance. 
The  Clerk  shall  forthwith  proceed  to  examine  the  petition 
as  hereinbefore  provided.  If  necessary,  the  Council  shall 
provide  extra  help  to  enable  the  Clerk  to  perform  satisfac- 
torily and  promptly  the  duties  imposed  by  this  section. 

Withdrawal  of  signature. 

(9)  Any  signer  to  a petition  of  nomination  and  cer- 
tificate may  withdraw  his  name  from  the  same  by  filing 
with  the  City  Clerk  a verified  revocation  of  his  signature 
before  the  filing  of  the  petition  by  the  Clerk,  and  not  other- 
wise. He  shall  then  be  at  liberty  to  sign  a petition  for 
another  candidate  for  the  same  office. 

Withdrawal  of  candidate. 

(10)  Any  person  whose  name  has  been  presented  under 
this  section  as  a candidate  may,  not  later  than  twenty-five 
days  before  the  day  of  election,  cause  his  name  to  be  with- 
drawn from  nomination  by  filing  with  the  City  Clerk  a 
request  therefor  in  writing,  and  no  name  so  withdrawn 
shall  be  printed  upon  the  ballot.  If  upon  such  withdrawal 
the  number  of  candidates  remaining  does  not  exceed  the 
number  to  be  elected,  then  other  nominations  may  be  made 
by  filing  petitions  therefor  not  later  than  twenty  days  prior 
to  such  election. 

Filing  of  petitions. 

(11)  If  either  the  original  or  the  amended  petition  of 
nomination  be  found  sufficiently  signed  as  hereinbefore 
provided,  the  Clerk  shall  file  the  same  twenty-five  days  be- 
fore the  date  of  the  election.  When  a petition  of  nomi- 


CHARTER  OF  THE  CITY  OF  BERKELEY 


15 


nation  shall  have  been  filed  by  the  Clerk  it  shall  not  be 
withdrawn  nor  added  to  and  no  signature  shall  be  revoked 
thereafter. 

Preservation  of  petitions. 

(12)  The  City  Clerk  shall  preserve  in  his  office  for  a 
period  of  two  years  all  petitions  of  nominations  and  all 
certificates  belonging  thereto  filed  under  this  section. 

Election  proclamation. 

(13)  Immediately  alfter  such  petitions  are  filed,  the 
Clerk  shall  enter  the  names  of  the  candidates  in  a list,  with 
the  offices  to  be  filled,  and  shall  not  later  than  twenty  days 
before  the  election  certify  such  list  as  being  the  list  of 
candidates  nominated  as  required  by  the  Charter  of  Berke- 
ley, and  the  Council  shall  cause  said  certified  list  of  names 
and  the  offices  to  be  filled,  designating  whether  for  a full 
term  or  unexpired  term,  to,  be  published  in  the  proclama- 
tion calling  the  election  at  least,  ten  successive  days  before 
the  election  in  not  more  than  twoi  daily  newspapers  of 
general  circulation  published  in  the  City  of  Berkeley.  Said 
proclamation  shall  conform  in  all  respects  to  the  general 
State  law  governing  the  conduct  of  municipal  elections, 
now  or  hereafter  in  force,  except  as  above  required. 

Form  of  ballots. 

(14)  The  City  Clerk  shall  cause  the  ballots  to  be  printed 
and  bound  and  numbered  as  provided  for  by  State  law  ex- 
cept as  otherwise  required  in  this  Charter.  The  ballots  shall 
contain  the  list  of  names  and  the  respective  offices,  as  pub- 
lished in  the  proclamation.  The  ballots  shall  be  marked 
according  to  the  following  instructions,  which  shall  be  printed 
at  the  top  of  each  ballot  under  the  heading  of  “Instructions 
to  Voters;” 

Put  the  figure  1 oposite  the  name  of  your  first  choice  for 
each  office  to  be  filled.  If  you  want  to  express  also  second 
choices,  do  so  by  putting  the  figure  2 opposite  the  name  of 
your  second  choice  for  each  office  to  be  filled.  In  this  way 
you  may  express  as  many  as  two  choices.  When  you  ex- 
press second  choice  you  are  surer  to  make  your  ballot  count 
for  one  of  the  candidates  you  favor. 


16 


CHARTER  OF  THE  CITY  OF  BERKELEY 


This  ballot  will  not  be  counted  for  your  second  choice, 
unless  it  is  found  that  it  cannot  help  your  first  choice. 

A ballot  is  spoiled  if  the  figure  i or  the  figure  2 is  put 
opposite  more  names  than  the  number  of  persons  to  be 
elected  to  a particular  office.  If  you  spoil  this  ballot,  tear 
it  across  once,  return  it  to  the  election  officer  in  charge  of 
the  ballots  and  obtain  another. 

Requirements  of  Ballot. 

(15)  All  ballots  printed  shall  be  precisely  on  the  same 
size,  quality,  tint  of  paper,  kind  of  type,  and  color  of  ink, 
so  that  without  the  number  it  would  be  impossible  to  dis- 
tinguish one  ballot  from  another;  and  the  names  of  all 
candidates  printed  upon  the  ballot  shall  be  in  type  of  the 
same  size  and  style.  A column  may  be  provided  on  the 
right  hand  side  for  charter  amendments  or  other  questions 
to  be  voted  upon  at  the  municipal  elections,  as  provided 
for  under  this  Charter.  The  names  of  the  candidates  for 
each  office  shall  be  arranged  in  alphabetical  order,  and 
nothing  on  the  ballot  shall  be  indicative  of  the  source  of 
the  candidacy  or  of  the  support  of  any  candidate. 

Every  nominee  to  be  on  ballot. 

(16)  The  name  of  no  candidate  who  has  been  duly  and 
regularly  nominated,  and  who  has  not  withdrawn  his  name 
as  herein  provided,  shall  be  omitted  from  the  ballot. 

Arrangement  of  offices  on  ballot. 

(17)  The  offices  to  be  filled  shall  be  arranged  in  sepa- 
rate columns  in  the  following  order : 

“For  Mayor  (if  any)  vote  for  one.” 

“For  Auditor  (if  any)  vote  for  one.” 

“For  Councilman  (if  any)  vote  for  (giving  number).” 
“For  School  Directors  (if  any)  vote  for  (giving  num- 
ber).” 

Space  for  voting  cross. 

(18)  Half-inch  square  shall  be  provided  at  the  right  of 
the  name  of  each  candidate  wherein  to  mark  the  cross. 

Blank  space  for  additional  candidates. 

(19)  Half-inch  spaces  shall  be  left  below  the  printed 
names  of  candidates  for  each  office  equal  in  number  to  the 


CHARTER  OF  THE  CITY  OF  BERKELEY 


17 


number  to  be  voted  for,  wherein  the  voter  may  write  the 
name  of  any  person  or  persons  for  \vhom  he  may  wish  to 
vote. 

Sample  Ballots. 

(20)  The  Clerk  shall  cause  to  be  printed  sample  ballots, 
identical  with  the  ballot  to  be  used  at  the  election  and 
shall  furnish  copies  of  the  same  on  application  to  registered 
voters  at  his  office  at  least  five  days  before  the  date  fixed’ 
for  such  election,  and  shall  mail  one  such  ballot  to  each 
voter  entitled  to  vote  at  such  election,  so  that  all  of  said 
sample  ballots  shall  have  been  mailed  at  least  three  whole 
days  before  said  election. 

Rules  for  Counting  Ballots. 

Section  5^4.  Ballots  cast  for  the  election  of  elective  offi- 
cers shall  be  counted  and  the  results  determined  by  the  elec- 
tion authorities  according  to  the  following  rules : 

( 1 ) On  all  ballots  a cross  shall  be  considered  equivalent 
to  the  figure  1 . So  far  as  may  be  consistent  with  the  general 
election  laws,  every  ballot  from  which  the  first  choice  of  the 
voter  can  be  clearly  ascertained  shall  be  considered  valid. 

(2)  The  ballots  shall  first  be  counted  at  the  several 
voting-  precincts  according  to  the  first  choices  of  the  voters. 
At  each  voting  precinct  the  ballots  declared  invalid  by  the 
precinct  officials  shall  be  put  up  in  a separate  package, 
properly  marked  on  the  outside.  All  the  packages  of  the 
precinct,  together  with  a record  of  the  precinct  count,  shall 
be  promptly  forwarded  to  the  central  election  authorities  as 
directed  by  them  and  the  counting  of  the  ballots  shall  pro- 
ceed under  their  direction. 

(3)  After  the  review  of  the  precinct  count  by  the 
central  election  authorities  and  the  correction  of  any  errors 
discovered  therein,  the  first-choice  votes  for  each  candidate 
shall  be  added  and  tabulated.  This  completes  the  first  count. 

(4)  All  candidates  the  number  of  whose  votes  on  the 
first  count  equal  a majority  of  votes  cast  for  that  office  shall 
then  be  declared  elected. 

(5)  If  no  candidate  has  a majority,  the  lowest  candidate 
is  excluded  and  his  votes  only  are  scrutinized  again  and 


18 


CHARTER  OF  THE  CITY  OF  BERKELEY 


the  second  choice  votes  are  added  to  the  votes  of  the  other 
candidates  as  the  preferences  indicate. 

(6)  If  no  candidate  has  a majority  the  lowest  remaining 
candidate  is  excluded  and  his  votes  only  are  scrutinized  again 
and  added  to  the  votes  of  the  other  candidates  as  the  prefer- 
ences indicate.  The  candidates  are  in  this  manner  successive- 
ly excluded  until  only  two  are  left,  the  candidate  having  the 
majority  vote,  between  these  two  shall  be  declared  elected. 

(7)  Any  tie  vote  not  otherwise  provided  for  in  this 
section  shall  be  decided  by  lot. 

(8)  The  ballots  shall  be  preserved  by  the  election  au- 
thorities until  the  end  of  the  term  for  which  the  officers  are 
elected. 

Any  recount  of  the  ballots  shall  be  made  by  the  central 
election  authorities  in  accordance  with  this  section  except 
that  the  references  to  voting  precincts  may  be  neglected.  In 
any  recount  every  ballot  shall  be  made  to  take  the  same 
course  that  it  took  in  the  original  counting  unless  there  is 
discovered  a mistake  that  requires  its  taking  a different 
course  or  unless  some  candidate  has  become  ineligible  since 
the  original  counting.  In  either  of  these  cases  any  required 
changes  shall  be  made  in  the  courses  taken  by  the  ballot. 
These  principles  shall  apply  also  to  the  correction  of  any 
error  that  may  be  discovered  during  the  original  counting. 

(9)  The  candidates  or  their  agents,  representatives  of  the 
press,  and,  so  far  as  may  be  consistent  with  good  order  and 
with  convenience  in  the  counting  and  transferring  of  the 
ballots,  the  public  shall  be  afforded  every  facility  for  being- 
present  and  witnessing  these  operations. 

That  Subsections  21,  22,  23  and  24  of  Section  5 of  Article 
III  and  all  portions  of  said  Charter  in  conflict  with  the  fore- 
going provisions  be  and  the  same  are  hereby  repealed. 

Failure  of  person  elected  to  qualify. 

(25)  If  a person  elected  fails  to  qualify,  the  office  shall 
be  filled  as  if  there  were  a vacancy  in  such  office,  as  here- 
inafter provided. 

Informalities  in  election. 

(26)  No  informalities  in  conducting  municipal  elections 
shall  invalidate  the  same,  if  they  have  been  conducted  fairly 


CHARTER  OF  THE  CITY  OF  BERKELEY 


19 


and  in  substantial  conformity  to  the  requirements  of  this 
Charter. 

Regulation  of  Elections. 

Sec.  6 (i)  The  City  Council  shall  make  all  needful  rules 
and  regulations,  not  inconsistent  with  the  provisions  of  the 
Preferential  System  of  elections  as  set  forth  in  this  Charter 
or  with  the  general  law,  for  the  conduct  of  elections,  for 
the  prevention  of  fraud  in  elections,  and  for  the  recount  of 
the  ballots  in  case  of  doubt  or  fraud,  provided  that  the 
Council  shall  meet  as  a canvassing  board  and  duly  canvass 
the  election  returns  within  four  days  after  any  municipal 
election. 

Voting  machines. 

(2)  In  case  voting  machines  shall  be  used  at  municipal 
elections,  the  Council  shall  have  power,  by  ordinance,  to' 
modify  the  provisions  of  Section  5 so  far  as  may  be  neces- 
hary  to  adapt  them  to  the  use  of  voting  machines. 

ARTICLE  IV. 

RECALL  OF  ELECTIVE  OFFICERS 
Applies  to  all  elective  officers. 

Sec.  7.  (1)  Every  incumbent  of  an  elective  office, 

whether  elected  by  popular  vote  or  appointed  to  fill  a vacancy, 
is  subject  to  recall  by  the  voters  of  the  city.  The  procedure 
to  effect  such  removal  from  office  shall  be  as  follows : 

Petition  for  recall. 

(2)  A petition  signed  by  qualified  electors  equal  in 
number  to  twenty  per  centum  of  the  entire  vote  cast  for 
Mayor  at  the  last  preceding  general  municipal  election  at 
which  a Mayor  was  elected,  demanding  an  election  of  a 
successor  of  the  officer  sought  to  be  removed,  shall  be  ad- 
dressed to  the  Council  and  presented  to  the  City  Clerk. 
The  petition  may  request  such  election  to  be  held  at  a special 
municipal  election  or  at  the  next  general  municipal  election. 
The  petition  must  contain  a statement  of  the  reasons  for  the 
demand. 

Provisions  of  Section  5 apply. 

(3)  The  provisions  of  Section  5 respecting  the  forms 
and  conditions  of  the  petition  and  the  mode  of  verification 


20 


CHARTER  OF  THE  CITY  OF  BERKELEY 


and  certification  and  filing  shall  be  substantially  followed., 
with  such  modifications  as  the  nature  of  the  case  requires- 

Election  under  recall  petition. 

(4)  If  the  officer  sought  to  be  removed  shall  not  resign 
within  five  days  after  the  petition  is  filed  by  the  City  Clerk, 
and  if  the  petition  requests  a special  election,  the  Council 
shall  cause  a special  election  to  be  held  within  forty-five 
days  to  determine  whether  the  people  will  recall  said  officer, 
or,  if  a general  municipal  election  is  to  occur  within  sixty 
days,  the  Council  may  in  its  discretion  postpone  the  holding 
of  such  election  to  such  general  municipal  election. 

Grounds  of  recall.  Officer’s  justification. 

(5)  In  the  published  call  for  the  election  there  shall  be 
printed  in  not  more  than  two  hundred  words  the  reasons 
for  demanding  the  recall  of  the  officer  as  set  forth  in  the 
Recall  petition,  and  in  not  more  than  two  hundred  words 
the  officer  may  justify  his  course  in  office. 

Candidates.  Election. 

(6)  The  officer  sought  to  be  removed  shall  be  deemed 
a candidate  and,  unless  -he  resigns,  his  name  shall  be  printed 
on  the  ballot.  The  nomination  of  other  candidates  and  the 
election  shall  be  in  accordance  with  the  provisions  of  Sec- 
tion 5. 

Incumbent  removed. 

(7)  The  officer  sought  to  be  removed,  shall,  if  he  do  not 
resign,  continue  to  perform  the  duties  of  his  office  until 
the  election,  and,  if  he  fail  of  election,  he  shall  be  deemed 
removed  from  office. 

No  recall  petition  for  first  three  months. 

(8)  No  recall  petition  shall  be  filed  against  any  officer 
until  he  has  actually  held  his  office  for  at  least  three  months. 

Incapacity  of  recalled  official. 

(9)  No  person  who  has  been  recalled  from  an  elective' 
office,  or  who  has  resigned  from  such  office  while  recall 
proceedings  were  pending  against  him,  shall  be  appointed 
to  any  office  within  one  year  after  such  recall  or  resignation.. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


21 


Further  regulations. 

(io)  The  Council  may  by  ordinance  make  such  further 
regulations  as  may  be  necessary  to  carry  out  the  provisions 
•of  this  section,  and  to  adapt  the  provisions  of  Section  5 
thereto. 

ARTICLE  V. 

ELECTIVE  OFFICERS 

The  elective  officers. 

Sec.  8.  The  elective  officers  of  the  City  shall  be  a Mayor, 
an  Auditor,  eight  Councilmen  and  four  School  Directors. 

The  Council  shall  consist  of  the  Mayor  and  eight  Council- 
men,  each  of  whom,  including  the  Mayor,  shall  have  the 
right  to  vote  on  all  questions  coming  before  the  Council. 

The  Board  of  Education  shall  consist  of  four  School  Di- 
rectors and  the  Mayor,  each  of  whom,  including  the  Mayor, 
shall  have  the  right  to  vote  on  all  questions  coming  before 
the  Board. 

Elected  at  large. 

Sec.  9.  The  Mayor,  Auditor,  Councilmen  and  School 
Directors  shall  be  elected  at  the  general  municipal  election 
on  a general  ticket  from  the  City  at  large. 

Eligibility  of  Mayor,  Auditor,  and  Councilmen. 

Sec.  10.  To  be  eligible  for  the  office  of  Mayor,  Auditor 
*or  Councilman,  a person,  must  be  a citizen  of  the  United 
States  and  qualified  elector  of  the  State  of  California  and 
of  the  City  of  Berkeley. 

Eligibility  of  School  Directors. 

Sec.  11.  To  be  eligible  for  the  office  of  School  Director, 
a person  must  be  a citizen  of  the  United  States  of  the  age 
of  twenty-one  years  and  a resident  of  the  City  of  Berkeley. 

Vacancy  in  office  of  Mayor,  Auditor  or  Councilman. 

Sec.  12.  If  a vacancy  shall  occur  in  the  office  of  Mayor, 
Auditor  or  Councilman,  the  Council  shall  appoint  a person 
to  fill  such  vacancy.  If  at  any  municipal  election  held  under 
**Sections  5 and  5^4  of  this  Charter  a Mayor,  Auditor  or 

* Erroneously  specifies  “Auditor  of  Councilman”  in  Act  approv- 
ing Charter. 

**  Correction  inadvertantly  overlooked  in  preparation  of  amend- 
ment to  Charter.  Erroneously  specifies  “Subdivision  22  of  Section  5.” 


22 


CHARTER  OF  THE  CITY  OF  BERKELEY 


the  required  number  of  Councilmen  be  not  elected  by 
reason  of  a tie  vote  among  any  of  the  candidates  therefor, 
then  the  Council,  after  the  qualification  of  the  persons,  if 
any  elected  thereto  at  such  election,  shall  appoint  one  of  the 
persons  receiving  such  tie  vote  to  fill  such  office  as  in  the 
case  of  a vacancy  therein.  In  each  case  the  person  so  ap- 
pointed shall  hold  office,  subject  to  the  provisions  of  the 
Recall  until  the  next  general  municipal  election. 

Vacancy  in  office  of  School  Director. 

Sec.  13.  If  a vacancy  shall  occur  in  the  office  of  School 
Director,  the  Board  of  Education  shall  appoint  a person  to 
fill  such  vacancy.  If  at  any  municipal  election  held  under 
* Sections  5 and  5J4  of  this  Charter  a School  Director 
be  not  elected  by  reason  of  a tie  vote  among  any  of  the 
candidates  therefor,  then  the  Board  of  Education  after  the 
qualification  of  the  persons,  if  any,  elected  thereto  at  such 
election,  shall  appoint  one  of  the  persons  receiving  such  tie 
vote,  to  fill  such  office  as  in  case  of  a vacancy  therein.  In 
each  case  a person  so  appointed  shall  hold  office,  subject  to 
the  provisions  of  the  Recall,  until  the  next  general  municipal 
election. 

Mayor’s  and  Auditor’s  term  of  office. 

Sec.  14,  The  Mayor  and  Auditor  shall  each  hold  office 
for  a term  of  four  years  from  and  after  the  first  day  of 
July  after  his  election  and  until  his  successor  is  elected  and 
qualified. 

Councilmen’s  term  of  office. 

Sec.  15.  The  Councilmen  shall  hold  office  for  a term  of 
four  years  from  and  after  the  first  day  of  July  after  their 
election  and  until  their  successors  are  elected  and  qualified. 
Provided,  that  the  Councilmen  first  elected  after  the  adop- 
tion of  this  amendment  shall,  at  their  first  meeting*,  so 
classify  themselves  by  lot  that  four  of  them  shall  hold  office 
for  two  years  and  four  of  them  for  four  years. 

At  each  general  municipal  election  after  the  first  election 
held  after  the  adoption  of  this  amendment,  there  shall  be 
elected  four  Councilmen. 


* Correction  inadvertantly  overlooked  in  preparation  of  amend- 
ment to  Charter.  Erroneously  specifies  “Subdivision  22  of  Section  5.” 


CHARTER  OF  THE  CITY  OF  BERKELEY 


23 


School  Director’s  term  of  office. 

Sec.  1 6.  The  School  Directors  shall  hold  office  for  a 
term  of  four  years  from  and  after  the  first  day  of  July 
after  their  election  and  until  their  successors  are  elected  and 
qualified.  Provided,  that  the  School  Directors  first  elected 
under  this  Charter  shall,  at  their  first  meeting,  so  classify 
themselves  by  lot  that  two  of  them  shall  hold  office  for  two 
years  and  two  of  them  for  four  years. 

At  each  general  municipal  election  after  the  first  under 
this  Charter  there  shall  be  elected  two  School  Directors. 

Official  bonds. 

Sec.  17.  The  Mayor,  the  Auditor,  each  Councilman,  the 
City  Manager,  and  each  School  Director  shall,  before  enter- 
ing upon  the  duties  of  his  office,  give  and  execute  to  the  City 
a bond  with  a surety  company  as  sole  surety,  the  Auditor 
in  the  penal  sum  of  $10,000,  the  Mayor,  each  Councilman 
and  each  School  Director  in  the  penal  sum  of  $2,000. 

Every  bond  shall  contain  the  condition  that  the  principal 
will  well,  truly,  honestly  and  faithfully  perform  the  duties 
of  his  office.  The  bond  of  the  Mayor  must  be  approved  by 
the  Council,  and  the  bonds  of  the  Auditor  and  the  several 
Councilmen  and  School  Directors  must  be  approved  by  the 
Mayor. 

The  Council  shall  fix  the  amount  of  bonds  and  the  methods 
of  their  approval,  to  be  required  of  appointive  officers,  includ- 
ing the  City  Manager. 

The  approval  of  the  official  bonds  must  be  endorsed  there- 
on and  signed  by  the  officer  or  officers  approving  the  same. 
All  bonds,  when  approved,  shall  be  filed  with  the  City  Clerk. 
All  the  provisions  of  any  law  of  this  State,  relating  to  official 
bonds  not  inconsistent  with  this  charter,  shall  be  complied 
with. 

Oath  of  office. 

Sec.  18.  Every  officer  of  the  City,  including  the  City 
Manager,  before  entering  upon  the  duties  of  his  office,  shall 
take  the  oath  of  office  as  provided  for  in  the  Constitution 
of  this  State,  and  shall  file  the  same  with  the  City  Clerk. 

Salaries. 

Sec.  19.  The  Councilmen  shall  each  receive  a fee  of  five 


24 


CHARTER  OF  THE  CITY  OF  BERKELEY 


dollars  for  each  meeting  of  the  Council  which  he  shall  at- 
tend; and  the  Mayor  shall  receive  a fee  of  ten  dollars  for 
each  meeting  of  the  Council  which  he  shall  attend ; provided, 
that  neither  a Councilman  nor  the  Mayor  shall  receive  such 
fees  for  more  than  four  meetings  in  any  one  calendar  month. 

The  Auditor  shall  receive  an  annual  salary  of  $3,000,  pay- 
able in  equal  monthly  installments. 

Each  School  Director  shall  receive  a fee  of  five  dollars 
for  each  regular  meeting  of  the  Board  of  Education  which 
he  shall  attend;  provided,  that  no  School  Director  shall  re- 
ceive more  than  fifteen  dollars  in  any  one  month,  and  pro- 
vided further  that  the  fees  received  by  the  Mayor,  as  here- 
inabove provided,  shall  be  full  compensation  for  all  services 
performed  by  him  as  Mayor  and  as  School  Director. 

All  salaries  and  fees  provided  for  in  this  section  shall  be 
paid  out  of  the  General  Fund  of  the  City. 

As  amended  in  1913.  (Statutes  1913,  Chap.  6,  p.  1502.) 

Administering  oaths.  Subpoenas. 

Sec.  20.  Every  elective  officer,  every  chief  official,  the 
City  Manager,  and  every  member  of  any  board  or  commis- 
sion provided  for  in  this  charter,  shall  have  the  power  to 
administer  oaths  and  affirmations,  and  every  such  officer, 
board  or  commission  shall  have  the  power  to  issue  subpoenas, 
to  compel  by  subpoena  the  production  of  books,  papers  and 
documents,  and  to  take  and  hear  testimony  concerning  any 
matter  or  thing  pending  before  such  officer,  board  or  com- 
mission. If  any  person  so  subpoenaed  neglect  or  refuse  to 
appear  or  to  produce  any  book,  paper  or  document  as  re- 
quired by  such  subpoena,  or  shall  refuse  to  testify  before 
any  such  officer,  board  or  commission  or  to  answer  any 
question  which  any  officer  or  a majority  of  such  board  or 
commission  shall  decide  to  be  proper  and  pertinent-  he  shall 
be  deemed  in  contempt,  and  any  such  officer,  board  or  com- 
mission shall  have  power  to  take  the  proceedings  in  that 
behalf  provided  by  the  general  laws  of  this  State.  The  Chief 
of  Police  must,  on  request  of  such  officer,  or  of  any  member 
of  such  board  or  commision,  detail  a police  officer  or  police 
officers  to  serve  such  subpoena. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


25 


ARTICLE  VI. 

THE  MAYOR 

The  Mayor’s  Powers. 

Sec.  21.  The  Mayor  shall  be  the  chairman  of  the  Coun- 
cil, and  shall  preside  at  the  meetings  of  the  Council  and  per- 
form such  other  duties  consistent  with  his  office  as  may  be 
imposed  by  the  Council.  He  shall  be  entitled  to  a vote  on  all 
matters  coming  before  the  Council,  but  shall  possess  no  veto 
power.  He  shall  be  recognized  as  the  official  head  of  the 
City  for  all  ceremonial  purposes,  by  the  courts  for  the  pur- 
poses of  serving  civil  processes,  and  by  the  Governor  for 
military  purposes.  He  may  use  the  title  of  Mayor  in  any 
case  in  which  the  execution  of  contracts  or  other  legal  in- 
struments in  writing,  or  other  necessity  arising  from  the 
general  laws  of  this  State,  may  so  require;  but  this  shall  not 
be  construed  as  conferring  upon  him  administrative  or  ju- 
dicial functions  or  other  powers  or  functions  of  a Mayor, 
under  the  general  laws  of  the  State.  The  powers  and  duties 
•of  the  Mayor  shall  be  such  as  are  conferred  upon  him  by  this 
amendment,  together  with  such  others  as  may  be  conferred 
by  the  Council  in  the  pursuance  of  the  provisions  of  this 
amendment,  and  no  others. 

Sec.  22.  During  the  temporary  absence  or  disability  of 
the  Mayor,  the  Vice-President  of  the  Council  shall  act  as 
Mayor  pro  tempore.  In  case  of  the  temporary  absence  or 
disability  of  both  the  Mayor  and  Vice-President  the  Coun- 
cil shall  elect  one  of  its  members  to  be  Mayor  pro  tempore. 
In  case  of  vacancy  in  the  office  of  the  Mayor,  the  Vice- 
President  of  the  Council  shall  act  ias  Mayor  until  such 
vacancy  can  be  filled  as  provided  in  this  Charter. 

Mayor  to  have  City’s  books  examined. 

Sec.  24.  The  Mayor  shall  employ,  for  a stipulated  com- 
pensation, at  the  beginning  of  each  fiscal  year,  a certified 
public  accountant,  who  shall  examine,  at  least  twice  a year, 
the  books,  records  and  reports  of  the  Auditor  and  of  all 
officers  and  employees  who  receive  or  disburse  City  moneys, 
and  the  books,  records  and  reports  of  such  other  officers  and 
departments  as  the  Mayor  may  direct,  and  make  quadrupli- 
cate reports  thereof  and  present  one  each  to  the  Mayor, 


26 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Auditor  and  City  Manager  and  file  one  with  the  City  Clerk. 
Such  acountant  shall  have  unlimited  privilege  of  investiga- 
tion, to  examine  under  oath  or  otherwise  all  officers,  clerks 
and  employees  of  the  City,  and  every  such  officer,  clerk  and 
employee  shall  give  all  required  assistance  and  information 
to  such  acountant,  and  submit  to  him  for  examination  such 
books  and  papers  of  his  office  as  may  be  requested,  and 
failure  to  do  so  shall  be  deemed  and  held  to  be  a forfeiture 
and  abandonment  of  his  office.  The  Council  shall  provide 
for  the  payment  of  the  services  of  such  accountant. 

(Sections  25  and  26  repealed  Jan.  20,  1923.) 

ARTICLE  VII. 

EXECUTIVE  AND  ADMINISTRATIVE  DEPARTMENTS 
The  City  Manager. 

Sec.  27.  The  Council  shall  appoint  an  officer,  who  shall 
be  known  as  the  City  Manager,  who  shall  be  the  administra- 
tive head  of  the  Municipal  Government  and  who  shall  be  re- 
sponsible for  the  efficient  administration  of  all  departments. 
He  shall  receive  such  salary  as  may  be  fixed  by  the  Council : 
provided,  however,  that  said  salary  shall  not  exceed  the  sum 
of  $10,000  per  annum.  He  shall  be  chosen  by  the  Council 
without  regard  to  his  political  beliefs,  and  solely  on  the  basis 
of  his  executive  and  administrative  qualifications. 

He  shall  be  appointed  for  an  indefinite  period.  He  can  not 
be  removed  from  office  except  by  a vote  of  six  members  of 
the  Council.  He  shall  serve  at  the  will  of  the  Council,  and  in 
case  of  his  removal  he  may  demand  written  charges  and  a 
public  hearing  thereon  before  the  Council,  prior  to  the  date 
upon  which  his  final  removal  is  to  take  place ; but  the  decision 
and  action  of  the  Council  upon,  such  hearing  shall  be  final, 
and  pending  such  hearing  the  Council  may  suspend  him  from 
duty. 

During  the  absence  or  disability  of  the  City  Manager,  the 
Council  shall  designate  some  properly  qualified  person  to  per- 
form his  duties.  Whenever  a vacancy  occurs  in  this  office, 
the  Council  shall  immediately  proceed  to  elect  a City  Man- 
ager. 

Powers  and  Duties  of  City  Manager. 

Sec.  28.  The  City  Manager  shall  be  responsible  to  the 


CHARTER  OF  THE  CITY  OF  BERKELEY 


27 


Council  for  the  efficient  administration  of  all  the  affairs  of 
the  City.  He  shall  have  the  power,  and  it  shall  be  his  duty : 

(a)  To  see  that  all  laws  and  ordinances  are  duly  en- 
forced, and  he  is  hereby  declared  to  be  beneficially  interested 
in  their  enforcement  and  tO'  have  the  power  to  sue  in  the 
proper  court  to  enforce  them. 

(b)  Except  as  otherwise  provided  in  this  charter,  to  ap- 
point, discipline  or  remove  all  heads  or  directors  of  depart- 
ments, chief  officials,  and  all  subordinate  officers  and  em- 
ployees of  the  City,  subject  to  the  Civil  Service  provision  of 
this  charter.  Neither  the  Council  nor  any  of  its  committees 
or  members  shall  dictate  or  attempt  to  dictate,  either  directly 
or  indirectly  the  appointment  of  any  person  to  office  or  em- 
ployment by  the  City  Manager  or  in  any  manner  interfere 
with  the  City  Manager  or  prevent  him  from  exercising  his 
own  judgment  in  the  .appointment  of  officers  and  employees 
in  the  administrative  service.  Except  for  the  purpose  of 
inquiry,  the  Council  and  its  members  shall  deal  with  the  ad- 
ministrative service  solely  through  the  City  Manager,  and 
neither  the  Council  nor  any  member  thereof  shall  give  orders 
to  any  of  the  subordinates  of  the  City  Manager,  either  pub- 
licly or  privately. 

(c)  To  exercise  control  over  all  departments,  divisions 
and  bureaus  of  the  City  Government  and  over  all  the  ap- 
pointive officers  and  employees  thereof. 

(d)  Except  when  the  Council  is  considering*  his  removal, 
to  attend  all  regular  meetings  of  the  Council  and  its  com- 
mittees, with  the  right  to  take  part  in  discussions,  but  with- 
out power  to  vote.  He  shall  receive  notice  of  all  special 
meetings. 

(e)  To  recommend  to  the  Council  for  adoption  such 
measures  and  ordinances  as  he  may  deem  necessary  or  ex- 
pedient. 

(f)  To  make  investigations  into  the  affairs  of  the  City, 
or  any  department  or  division  thereof,  or  any  contract,  or 
the  proper  performance  of  any  obligation  running  to  the 
City. 

(g)  To  prepare  and  submit  to  the  Council  the  annual 
budget. 


28 


CHARTER  OF  THE  CITY  OF  BERKELEY 


(h)  To  keep  the  Council  at  all  times  fully  advised  as  to 
the  financial  condition  and  needs  of  the  City. 

(i)  To  submit  to  the  Council,  at  each  meeting,  for  its 
approval,  a list  of  all  claims  and  bills  approved  for  payment 
by  him. 

(j)  To  devote  his  entire  time  to  the  duties  and  interests 
of  the  City. 

(k)  To  perform  such  other  duties  as  may  be  prescribed 
by  this  charter  or  be  required  by  ordinance  or  resolution  of 
the  Council. 

He  shall  be  charged  with  the  general  supervision  of  all 
public  utility  companies  insofar  as  they  are  subject  to  mu- 
nicipal control;  he  shall  keep  himself  fully  informed  as  to 
their  compliance  in  all  respects  with  the  law,  and  he  shall 
see  that  all  franchises  granted  by  the  City  are  faithfully 
observed.  He  shall  cause  to  be  instituted  such  actions  or 
proceedings  as  may  be  necessary  to  prosecute  public  utility 
companies  for  violations  of  law,  and  revoke,  cancel  or  annul 
all  franchises  that  may  have  been  granted  by  the  City  to  any 
person,  firm  or  corporation,  which  have  become  forfeitable  in 
whole  or  in  part,  or  which  for  any  reason  are  illegal  and 
void  and  not  binding  upon  the  City.  The  City  Attorney, 
on  demand  of  the  City  Manager,  must  institute  and  prose- 
cute the  necessary  actions  to  enforce  the  provisions  of  this 
sub-section. 

(Section  29  repealed  Jan.  20,  1923.) 

The  chief  officials. 

Sec.  30.  The  chief  officials  of  the  City  shall  be  City  Clerk, 
Assessor,  Treasurer,  Collector,  Attorney,  Engineer,  Chief  of 
Police,  Fire  Chief,  Street  Superintendent,  Health  Officer, 
and  five  Library  Trustees. 

The  five  Library  Trustees  shall  be  appointed  and  may  be 
removed  by  a majority  vote  of  the  Council,  and  one  of  such 
trustees  must  be  appointed  by  the  Council  from  its  own 
members. 

The  Board  of  Library  Trustees  shall  have  power  to  man- 
age the  library  and  to  appoint,  discipline  and  dismiss  all 
officers  and  employees  of  the  library. 

The  City  Manager  at  any  time  when  in  his  judgment  the 


CHARTER  OF  THE  CITY  OF  BERKELEY 


29 


interests  of  the  City  so  demand,  may  consolidate  and  place 
in  charge  of  one  such  officer,  the  functions  and  duties  of  two 
or  more  such  officers.  The  Council  shall  by  ordinance  pre- 
scribe the  duties  of  all  the  chief  officials. 

Subordinate  officers  and  employes. 

Sec.  31.  The  Council  shall  have  power  by  ordinance  to 
create  and  discontinue  departments,  bureaus,  offices,  deputy- 
ships,  assistantships  and  employments  other  than  those  pre- 
scribed in  this  charter,  and  to  prescribe  the  duties'  pertaining 
thereto. 

Compensation  of  officers  and  employees. 

Sec.  32.  The  compensation  of  all  city  officers  provided 
for  by  Section  30  of  this  Charter,  except  Library  Trustees, 
who  shall  receive  no  remuneration,  shall  be  by  salary  to  be 
fixed  by  the  Council  on  the  recommendation  of  the  City 
Manager.  The  Council  shall  also  fix  the ‘compensation  of  all 
other  officers  and  employees  on  recommendation  of  the  City 
Manager,  except  as  in  this  Charter  otherwise  provided.  No 
officer  or  employee  shall  be  allowed  any  fees,  perquisites, 
emoluments,  rewards  or  compensations,  aside  from  the  salary 
or  compensation  as  fixed  by  the  Council,  but  all  fees  received 
by  him  in  connection  with  his  official  duties  shall  be  paid  by 
him  into  the  City  Treasury. 

Reports  of  departments. 

Sec.  33.  Each  department  and  commission  shall  annually 
on  such  date  as  may  be  fixed  by  the  Council,  render  to  the 
City  Manager  a full  report  of  all  operations  of  such  depart- 
ment or  commission  for  the  year. 

Reports  to  be  published. 

Sec.  34.  The  Council  shall  provide  for  the  publication 
of  the  annual  report  of  the  City  Manager. 

Councilmen  to  hold  no  other  office. 

Sec.  35.  No  member  of  the  Council  shall  hold  any  other 
municipal  office  or  hold  any  office  or  employment  the  com- 
pensation of  which  is  paid  out  of  the  municipal  moneys 
except  as  otherwise  provided  in  this  Charter;  or  be  elected 
or  appointed  to  any  office  created  or  the  compensation  of 


30 


CHARTER  OF  THE  CITY  OF  BERKELEY 


which  is  increased  by  the  Council  while  he  was  a member 
thereof. 

Officers  not  to  be  interested  in  contracts  or  franchises. 

Sec.  36.  No  officer  or  employee  shall  be  directly  or  in- 
directly interested  in  any  contract,  work  or  business  of  the 
City,  or  in  the  sale  of  any  article,  the  expense,  price  or  con- 
sideration of  which  is  paid  for  from  the  treasury  or  by  as- 
sessment levied  by  any  act  or  ordinance;  nor  in  the  pur- 
chase or  lease  of  any  real  estate  or  other  property  belong- 
ing to  the  City  or  which  shall  be  sold  for  taxes  or  assess- 
ments or  by  virtue  of  legal  process  at  the  suit  of  the  City. 
No  officer  shall  be  in  the  employ  of  any  public  service 
corporation  in  the  City  or  of  any  person  having  any  con- 
tract with  the  City  or  of  any  grantee  of  a franchise  granted 
by  the  City. 

Any  contract  or  agreement  made  in  contravention  of  this 
section  shall  be  void. 

Any  violation  of  the  provisions  of  this  section  shall  be 
deemed  a misdemeanor. 

The  Council  shall  enforce  the  provisions  of  this  section 
by  appropriate  legislation. 

Political  and  religious  tests. 

Sec.  37.  No  appointment  to  position  under  the  City 
government  shall  be  made  or  be  withheld  by  reason  of  any 
religious  or  political  opinions  or  affiliations  or  political  ser- 
vices, and  no  appointment  to  or  selection  for  or  removal 
from  any  office  or  employment,  and  no  transfer,  promotion, 
reduction,  reward  or  punishment  shall  be  in  any  manner 
effected  by  such  opinions,  affiliations  or  services. 

ARTICLE  VIII. 

THE  COUNCIL 

The  Council,  the  governing  body. 

Sec.  38.  The  Council  shall  be  the  governing  body  of  the 
municipality.  It  shall  exercise  the  corporate  powers  of  the 
City,  and,  subject  to  the  express  limitations  of  this  Char- 
ter, shall  be  vested  with  all  powers  of  legislation  in  muni- 
cipal affairs  adequate  to  a complete  system  of  local  gov- 
ernment consistent  with  the  Constitution  of  the  State. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


31 


President  and  Vice-President. 

Sec.  39.  The  Mayor  shall  be  President  of  the  Council 
and  shall  preside  at  its  meetings  when  present.  The  Coun- 
cil shall  elect  one  of  its  members  to  be  Vice-President. 

Meetings  of  Council. 

Sec.  40.  The  Council  shall  provide  for  the  time  and 
place  of  holding  its  meetings  and  the  manner  in  which  its 
special  meetings  may  be  called. 

Meetings  to  be  public. 

Sec.  41.  All  legislative  sessions  of  the  Council,  whether 
regular  or  special,  shall  be  open  to  the  public. 

Quorum. 

Sec.  42.  A majority  of  the  members  of  the  Council  shall 
constitute  a quorum  for  the  transaction  of  business. 

Rules  of  proceeding. 

Sec.  43.  The  Council  shall  establish  rules  for  its  pro- 
ceedings. 

Ordinances  and  resolutions. 

Sec.  44.  (1)  The  Council  shall  act  only  by  ordinance 

or  resolution. 

Ayes  and  noes. 

(2)  The  ayes  and  noes  shall  be  taken  upon  the  passage 
of  all  ordinances  and  resolutions  and  entered  upon  the  journal 
of  the  proceedings  of  the  Council. 

Majority  vote  of  Council. 

(3)  No  ordinance  or  resolution  shall  be  passed  or  be- 
come effective  without  receiving  the  affirmative  votes  of  at 
least  five  members  of  the  Council. 

Subject  and  title. 

(4)  Every  ordinance  or  resolution,  except  an  ordinance 
making  appropriations,  shall  be  confined  to  one  subject, 
which  shall  be  clearly  expressed  in  the  title,  and  every 
ordinance  making  appropriations  shall  be  confined  to  the 
subject  of  appropriations.  If  any  subject  shall  be  embraced 
in  an  ordinance  which  shall  not  be  expressed  in  its  title, 


32 


CHARTER  OF  THE  CITY  OF  BERKELEY 


such  ordinance  shall  be  void  only  as  to  so  much  thereof  a& 
shall  not  be  expressed  in  its  title. 

Enacting  clause  of  ordinance. 

(5)  The  enacting  clause  of  all  ordinances  passed  by  the 

Council  shall  be  in  these  words:  ‘‘Be  is  ordained  by  the 

Council  of  the  City  of  Berkeley  as  follows:” 

Requirements  of  an  ordinance. 

(6)  To  constitute  an  ordinance  a bill  must  before  final 
action  thereon  be  passed  to  print  and  published  with  the 
ayes  and  noes  for  two  days,  and,  in  case  of  any  amend- 
ment being  made  thereto  before  the  final  adoption  of  the 
ordinance,  must  in  like  manner  be  republished  as  amended 
for  not  less  than  one  day. 

Ordinance  required  in  certain  cases. 

(7)  No  action  providing  for  any  specific  improvements 
or  the  appropriation  or  expenditure  of  any  public  money, 
except  sums  less  than  five  hundred  dollars;  for  the  appro- 
priation, acquisition,  sale  or  lease  of  public  property;  for 
the  levying  of  any  tax  or  assessment;  for  the  granting  of 
any  franchise;  for  establishing-  or  changing  fire  limits,  or 
for  the  imposing  of  any  penalty,  shall  be  taken  except  by 
ordinance;  provided,  that  such  exceptions  be  observed  as 
may  be  called  for  in  cases  where  the  Council  takes  action 
in  pursuance  of  a general  law  of  the  State. 

Reconsideration. 

(8)  When  any  bill  is  put  upon  its  final  passage  and 
fails  to  pass,  and  a motion  is  made  to  reconsider,  the  vote 
upon  such  motion  shall  not  be  taken  except  at  a meeting 
of  the  Council  held  not  less  than  one  week  after  the  meet- 
ing at  which  such  motion  was  made. 

Signing  and  attesting. 

(9)  All  resolutions  and  ordinances  shall  be  signed  by 
the  Mayor  and  attested  by  the  City  Clerk. 

Revision  and  amendment. 

(10)  No  ordinance  shall  be  revised,  re-enacted  or  amen- 
ded by  reference  to  its  title  only ; but  the  ordinance  to  be 
revised  or  re-enacted,  or  the  section  or  sections  thereof  to 


CHARTER  OF  THE  CITY  OF  BERKELEY 


33 


be  amended,  or  the  new  section  or  sections  to  be  added 
thereto,  shall  be  set  forth  and  adopted  in  the  method  pro- 
vided in  this  section  for  the  adoption  of  ordinances. 

Repeal. 

(u)  No  ordinance  nor  section  thereof  shall  be  repealed 
except  by  ordinance  adopted  in  the  manner  provided  in  this 
section. 

Ordinances  granting  franchises. 

(12)  No  bill  for  the  grant  of  any  franchise  shall  be  put 
upon  its  final  passage  within  thirty  days  after  its  introduc- 
tion, and  no  franchise  shall  be  renewed  before  one  year 
prior  to  its  expiration. 

Record  of  City  ordinances. 

(13)  A true  and  correct  copy  of  all  ordinances  shall  be 
kept  and  certified  to  by  the  City  Clerk  in  a book  marked 
“City  Ordinances.”  Such  record  copy,  with  such  certifi- 
cate, or  the  original  ordinance,  shall  be  prima  facie  evidence 
of  the  contents  of  the  ordinance  and  of  the  due  passage  and 
publication  of  the  same,  and  shall  be  admissible  as  such  in 
any  court  or  proceeding.  Such  records  shall  not  be  filed 
in  any  case,  but  shall  be  returned  to  the  custody  of  the  City 
Clerk.  Nothing  herein  contained  shall  be  construed  to  pre- 
vent the  proof  of  the  passage  and  publication  of  an  ordi- 
nance in  the  usual  way. 

(Section  45  repealed  Jan.  20,  1923.) 

Publication  of  Charter  and  ordinances. 

Sec.  46.  The  Council,  during  the  first  year  after  its 
organization  under  this  Charter  and  from  time  to  time 
thereafter,  shall  cause  all  ordinances  at  such  time  in  force 
to  be  classified  under  appropriate  heads,  and,  together  with 
or  separately  from  the  Charter  of  the  City  and  such  pro- 
visions of  the  Constitution  and  laws  of  the  State  as  the 
Council  may  deem  expedient,  to  be  published  in  book  form. 

ARTICLE  IX. 

POWERS  OF  THE  CITY  AND  OF  THE  COUNCIL 
General  powers  of  the  City. 

Sec.  47.  Without  denial  or  disparagement  of  other 


34 


CHARTER  OF  THE  CITY  OF  BERKELEY 


powers  held  under  the  constitution  and  laws  of  the  State, 
the  City  of  Berkeley  shall  have  the  right  and  power : 

Public  buildings,  works  and  institutions. 

(1)  To  acquire  by  purchase,  condemnation  or  other- 
wise, and  to  establish,  maintain,  equip,  own  and  operate 
libraries,  reading  rooms,  art  galleries,  museums,  schools, 
kindergartens,  parks,  playgrounds,  places  of  recreation, 
fountains,  baths,  public  toilets,  markets,  market  houses, 
abattoirs,  dispensaries,  infirmaries,  hospitals,  charitable  in- 
stitutions, jails,  houses  of  correction  and  farm  schools,  work 
houses,  detention  homes,  morgues,  cemeteries,  crematories, 
garbage  collection  and  garbage  disposal  and  reduction  works, 
street  cleaning  and  sprinkling  plants,  quarries,  wharves, 
docks,  waterways,  canals,  and  all  other  public  buildings, 
places,  works  and  institutions. 

Water,  light,  heat  and  power. 

(2)  To  acquire  by  purchase,  condemnation  or  other- 
wise, and  to  establish,  maintain,  equip,  own  and  operate 
waterworks,  gas  works,  electric  light,  heat  and  power  works, 
within  or  without  the  City,  and  to  supply  the  City  and  its 
inhabitants  and  also  persons,  firms  and  corporations  outside 
the  City,  with  water,  gas  and  electricity. 

Telephone,  telegraph  and  transportation. 

(3)  To  acquire  by  purchase,  condemnation  or  other- 
wise, and  to  establish,  maintain,  equip,  own  and  operate 
telephone  and  telegraph  systems,  cable,  electric  or  other 
railways,  ferries  and  transportation  service  of  any  kind. 

Sale  of  products  of  public  utilities. 

(4)  To  sell  gas,  water,  electric  current  and  all  products 
of  any  public  utility  operated  by  the  City. 

Land  for  public  purposes. 

(5)  To  acquire  by  purchase,  condemnation  or  other- 
wise within  or  without  the  City,  such  lands  or  other  prop- 
erty as  may  be  necessary  for  the  establishment,  maintenance 
and  operation  of  any  public  utility  or  to  provide  for  and 
effectuate  any  other  public  purpose;  and  to  sell,  convey, 
encumber  and  dispose  of  the  same  for  the  common  benefit. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


35 


Lease  of  public  utilities. 

(6)  To  lease  to  corporations  or  individuals  for  the  pur- 
pose of  maintenance  and  operation  any  public  utility  owned 
by  the  City. 

Bequests  and  donations. 

(7)  To  receive  bequests,  gifts  and  donations  of  all 
kinds  of  property,  in  fee  simple,  or  in  trust  for  charitable 
and  other  purposes,  and  do  all  acts  necessary  to  carry  out 
the  purpose  of  such  bequests,  gifts  and  donations,  with 
power  to  manage,  sell,  lease  or  otherwise  dispose  of  the 
same  in  accordance  with  the  terms  of  the  bequest,  gift  or 
trust,  or  absolutely  in  case  such  bequest,  gift  or  trust  be 
unconditional. 

Borrowing  money,  bonds. 

(8)  To  borrow  money  for  any  of  the  purposes  for 
which  the  City  is  authorized  to  provide  and  for  carrying  out 
any  of  the  powers  which  the  City  is  authorized  to  enjoy 
and  exercise  and  to  issue  bonds  therefor;  provided,  that  in 
the  procedure  for  the  creation  and  issuance  of  such  bonded 
indebtedness  the  general  laws  of  the  State  of  California 
in  force  at  the  time  of  such  proceedings  are  taken  shall  be 
observed  and  followed. 

Special  Tax. 

(9)  To  raise  money  by  a special  tax,  in  addition  to  the 
annual  tax  levy  provided  in  Section  57  of  this  Charter.  To 
authorize  such  special  tax,  the  provisions  of  Section  92  of 
Article  XIII  relating  to  the  Initiative,  or  of  Section  94  of 
Article  XIV  relating  to  the  Referendum,  shall  be  followed, 
and  the  levy  of  such  tax  must  be  approved  by  at  least  two- 
thirds  of  the  qualified  electors  who  vote  thereon.  At  such 
election  the  Council  may  be  authorized,  in  cases  where  pub- 
lic necessity  requires  the  expenditure  of  any  sum  so  voted 
before  the  next  succeeding  tax  levy,  to  borrow  such  sum 
and  provide  in  the  next  succeeding  tax  levy  for  its  repay- 
ment with  interest  at  not  exceeding  five  per  cent  per  annum. 
Or  the  Council  may  be  authorized  to  levy  a special  tax  each 
year  for  a period  of  years  not  exceeding  three  years  in  all, 
for  any  permanent  municipal  improvement,  and  the  money 


36 


CHARTER  OF  THE  CITY  OF  BERKELEY 


so  raised  may  be  expended  each  year  after  the  same  is  col- 
lected and  available. 

Joint  ownership  of  water  supply. 

(io)  To  join  with  one  or  more  cities  incorporated  under 
the  Constitution  and  laws  of  the  State  in  order  to  acquire 
and  develop  jointly  a source  or  sources  of  water  supply  for 
municipal  and  domestic  purposes  and  to  construct  the  works 
necessary  for  their  joint  and  several  purposes  and  needs  and 
to  unite  with  such  cities  in  bond  issues  therefor. 

Sue  and  defend. 

(n)  To  sue  and  defend  in  all  courts  and  places  and  in 
all  matters  and  proceedings. 

Direct  legislation  by  people. 

Sec.  48.  The  qualified  voters  of  the  City  shall  have 
power  through  the  initiative  and  otherwise,  as  provided  by 
this  Charter  and  the  general  laws  of  the  State,  to  enact 
appropriate  legislation  to  carry  out  and  enforce  any  of  the 
above  general  powers  of  the  City  or  any  of  the  specified 
powers  of  the  Council. 

Powers  of  the  Council  enumerated. 

Sec.  49.  As  the  legislative  organ  of  the  City,  the  Coun- 
cil, subject  to  the  provisions  and  restrictions  of  this  Charter, 
shall  have, power: 

Official  Seal. 

(1)  To  provide  a corporate  seal,  with  appropriate  de- 
vice, to  be  affixed  to  all  instruments  or  writings  needing 
authentication. 

Violation  of  Charter  and  ordinances. 

(2)  To  prescribe  fines,  forfeitures  and  penalties  for  the 
violation  of  any  provision  of  this  Charter  or  of  any  ordi- 
nance; but  no  penalty  shall  exceed  five  hundred  dollars  or 
six  months’  imprisonment,  or  both. 

Nuisances. 

(3)  To  provide  for  the  summary  abaterment  of  any 
nuisance  at  the  expense  of  the  person  or  persons  creating, 
causing,  committing  or  maintaining  such  nuisance. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


37 


Rewards. 

(4)  To  offer  rewards  not  exceeding  two  hundred  and 
fifty  dollars  in  any  one  instance  for  the  apprehension  and 
conviction  of  any  person  who  may  have  committed  a felony 
in  the  City,  and  to  authorize  the  payment  thereof. 

Police  and  Fire  Departments. 

(5)  To  organize  and  maintain  police  and  fire  depart- 
ments, erect  the  necessary  buildings  and  own  all  imple- 
ments and  apparatus  required  therefor. 

Police  and  fire  alarm  systems. 

(6)  To  establish  and  maintain  a fire  alarm  and  police 
telegraph  or  telephone  system,  and  manage  and  control  the 
same,  and  to  appoint  a superintendent  thereof. 

Explosives. 

(7)  To  regulate  or  prohibit  the  manufacture,  keeping, 
storage  and  ffse  of  powder,  dynamite,  guncotton,  nitro- 
glycerine, fireworks  and  other  explosive  materials  and  sub- 
stances. 

Inflammable  materials. 

(8)  To  regulate  the  storage  of  hay,  straw,  oil  and  other 
inflammable  and  combustible  materials. 

Engines  and  boilers. 

(9)  To  regulate  the  use  of  steam  engines,  gas  engines, 
steam  boilers,  and  electric  motors,  and  to  prohibit  their 
use  in  such  localities  as  in  the  judgment  of  the  Council 
would  endanger  public  safety. 

Fire  limits. 

(10)  To  prescribe  fire  limits  and  determine  the  char- 
acter and  height  of  buildings  that  may  be  erected  therein 
and  the  nature  of  the  materials  to  be  used  in  the  construc- 
tion, alteration  or  repair  of  such  buildings  or  in  the  repair 
or  alteration  of  existing  buildings  within  such  fire  limits. 

Building  regulations. 

(11)  To  regulate  the  construction  of  and  the  materials* 
used  in  all  buildings,  chimneys,  stacks  and  other  structures; 
to  prevent  the  erection  and  maintenance  of  insecure  or  un- 

*“Material”  appears  in  the  original  subdivision  as  published,  and 
“materials”  in  the  Act  of  the  Legislature,  as  approved  and  recorded. 


38 


CHARTER  OF  THE  CITY  OF  BERKELEY 


safe  buildings,  walls,  chimneys,  stacks  or  other  structures, 
and  to  provide  for  their  summary  abatement  or  destruction ; 
to  regulate  the  materials  used  in  and  the  method  of  con- 
struction of  foundations  and  foundation  walls,  the  manner 
of  construction  and  location  of  drains  and  sewers,  the  ma- 
terials used  in  wiring  buildings  or  other  structures  for  the 
use  of  electricity  for  lighting,  power,  heat  and  other  purposes, 
and  materials  used  for  piping  buildings  or  other  structures 
for  the  purpose  of  supplying  the  same  with  water  or  gas  and 
the  manner  of  so  doing;  to  prohibit  the  construction  of 
buildings  and  structures  which  do  not  conform  to  such 
regulations. 

Fire  escapes. 

(12)  To  require  the  owners  and  lessees  of  buildings  or 
other  structures  to  place  upon  them  or  in  them  fire  escapes 
and  appliances  for  protection  against  fire  and  for  the  ex- 
tinguishment of  fires. 

Precaution  against  fires. 

(13)  To  prevent  the  construction  and  to  cause  the  re- 
moval of  dangerous  chimneys,  fireplaces,  hearths,  stoves, 
stove  pipes,  ovens,  boilers,  apparatus  and  machinery  used 
in  any  building  in  the  City;  to  regulate  the  carrying  on 
of  manufactories  liable  to  cause  fire;  to  prevent  the  depos- 
iting of  ashes,  the  accumulation  of  shavings,  rubbish,  or 
any  combustible  material  in  unsafe  places,  and  to  make 
provisions  to  guard  against  fires. 

Provisions  for  safety  in  theatres,  halls,  etc. 

(14)  To  regulate  the  size  and  construction  of  the  en- 
trances to  and  exits  from  all  theatres,  lecture  rooms,  halls, 
schools,  churches,  and  other  places  for  public  gathering  of 
every  kind  and  to  prevent  the  placing  of  seats,  chairs, 
benches  or  other  obstructions  in  the  hallways,  aisles  or  open 
places  therein. 

Provision  for  safety  in  streets. 

(15)  To  regulate  the  speed  of  railroad  trains,  engines 
and  cars  passing  through  the  City  and  the  speed  of  cars 
of  street  or  interurban  railway  companies  using  the  public  . 


CHARTER  OF  THE  CITY  OF  BERKELEY 


39 


streets  of  the  City,  to  require  railroad  companies  to  station 
flagmen,  place  gates  or  viaducts  at  all  such  street  crossings 
as  the  Council  may  deem  proper,  to  require  street  cars  and 
local  trains  to  be  provided  with  fenders  or  other  appliances 
for  the  better  protection  of  the  public;  to  prohibit  the  making 
up  of  railroad  trains  on  any  of  the  streets,  street  crossings 
or  street  intersections  of  the  City ; to  regulate  the  speed  with 
which  persons  may  ride  or  drive  or  propel  bicycles,  auto- 
mobiles or  other  vehicles  along  or  upon  any  of  the  streets 
or  highways  of  the  City. 

Improper  use  of  streets. 

(16)  To  regulate  or  prohibit  the  exhibition  or  carrying 
of  banners,  placards,  or  advertisements,  and  the  distribu- 
tion of  handbills  in  the  street,  public  grounds  or  upon  the 
sidewalks;  to  regulate  and  prevent  the  flying  of  banners, 
flags  or  signs  across  the  streets  or  from  houses;  to  regulate 
or  prohibit  traffic  and  sales  in  the  streets  and  public  places; 
to  prevent  encroachments  upon  or  obstructions  to  the  streets, 
and  to  require  their  removal. 

Weeds  and  rubbish  on  sidewalks. 

(17)  To  compel  the  owner  or  occupant  of  buildings  or 
grounds  to  remove  dirt,  rubbish  and  weeds  from  the  side- 
walk opposite  thereto;  and  in' his  default  to  authorize  the 
removal  or  destruction  thereof  by  some  officer  of  the  City 
at  the  expense  of  such  owner  or  occupant,  and  to  make 
such  expense  a lien  upon  such  buildings  or  grounds. 

Billboards  and  signs. 

(18)  To  regulate,  license  or  prohibit  the  construction 
and  use  of  billboards  and  signs. 

Dogs. 

(19)  To  regulate  and  prevent  the  running  at  large  of 
dogs,  to  prevent  dog  fights  in  the  streets,  to  provide  for 
the  destruction  of  vicious  dogs,  and  to  require  the  payment 
of  license  fees  by  the  owners  or  persons  having  possession 
of  dogs,  and  to  impose  penalties  upon  such  persons  for  re- 
fusing to  pay  such  license  fee. 


40 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Public  pound. 

(20)  To  prevent  or  regulate  the  running  at  large  of 
any  animals,  and  to  establish  and  maintain  a pound  and 
authorize  the  destruction  or  other  disposition  of  any  animals 
running  at  large. 

Cruelty  to  animals. 

(21)  To  prohibit  and  punish  cruelty  to  animals,  and  to 
require  the  places  where  they  are  kept  to  be  maintained  in 
a clean  and  healthful  condition. 

Preservation  of  health. 

(22)  To  make  all  regulations  which  may  be  necessary 
and  expedient  for  the  preservation  of  health  and  the  sup- 
pression of  disease;  to  make  regulations  to  prevent  the  in- 
troduction of  contagious,  malignant,  infectious  or  other 
diseases  into  the  City;  to  make  quarantine  laws  and  regu- 
lations ; to  regulate,  control  and  prevent  the  entry  into  the 
City  of  persons,  baggage,  merchandise  or  other  property  in- 
fected with  contagious  disease. 

Dangerous  and  offensive  occupations;  disagreeable  noises. 

(23)  To  regulate  or  prohibit  the  operation  of  all  manu- 
factories, occupations  or  trades  which  may  be  of  such  a 
nature  as  to  affect  the  public  health  or  good  order  of  the 
City  or  disturb  the  public  peace,  or  which  may  be  offensive 
or  dangerous  to  the  inhabitants  residing  in  the  vicinity,  and 
to  provide  for  the  punishment  of  all  persons  violating  such 
regulations  and  the  punishment  of  all  persons  who  knowingly 
permit  the  same  to  be  violated  in  any  building  or  upon  any 
premises  owned  or  controlled  by  them;  to  make  regulations 
for  the  suppression  of  disagreeable,  offensive  and  injurious 
noises. 

Inspection  of  food  products. 

(24)  To  provide  for  and  regulate  the  inspection  by  the 
Health  Officer  of  meats,  poultry,  fish,  game,  bread,  butter, 
cheese,  lard,  eggs,  vegetables,  breadstuffs,  milk  and  other 
food  products  offered  for  sale  in  the  City,  and  to  provide 
for  the  taking  and  summarily  destroying  of  any  such  prod- 
ucts as  are  unsound,  spoiled,  adulterated,  or  unwholesome, 
and  to  regulate  and  prevent  bringing  into  the  City  or  having 


CHARTER  OF  THE  CITY  OF  BERKELEY 


41 


or  keeping  within  the  Qity  any  such  unsound,  spoiled,  adul- 
terated or  unwholesome  products. 

Dairies. 

(25)  To  provide  for  and  regulate  the  inspection  of  all 
dairies  that  offer  for  sale  or  sell  any  of  their  products  in 
the  City. 

Lodging,  tenement  and  apartment  houses. 

(26)  To  regulate  lodging,  tenement  and  apartment 
houses  and  to  prevent  the  overcrowding  of  the  same  and 
to  require  that  they  be  put  and  kept  in  proper  sanitary 
condition. 

Sewer  connections. 

(27)  To  regulate  the  construction,  repair  and  use  of 
sewers,  sinks,  gutters,  wells,  cesspools,  and  vaults,  and  to 
compel  the  connecting,  cleaning,  or  emptying  of  the  same, 
and  to  designate  the  time  .and  manner  in  which  the  work 
shall  be  done. 

Garbage. 

(28)  To  provide  for  the  collection  and  disposal  of  gar- 
bage, ashes,  animal  and  vegetable  refuse,  dead  animals, 
animal  offal,  rubbish  and  waste  matter. 

Licensing  business. 

(29)  To  license  for  purpose  of  regulation  and  revenue 
all  and  every  kind  of  business  not  prohibited  by  law  to  be 
transacted  or  carried  on  in  the  City;  to  fix  the  rates  of 
licenses  upon  the  same,  and  to  provide  for  the  collection 
thereof  by  suit  or  otherwise. 

Regulation  of  public  vehicles. 

(30)  To  establish  stands  for  hacks,  public  carriages, 
express  wagons,  and  other  public  vehicles  for  hire,  and 
regulate  the  charges  of  such  hacks,  public  carriages,  express 
wagons  and  other  public  vehicles,  and  to  require  schedules 
of  such  charges  to  be  posted  in  or  upon  such  public  vehicle. 

Weights  and  measures. 

(31)  To  provide  for  the  inspection  and  sealing  of  all 
weights  and  measures  used  in  the  City,  and  enforce  the 


42 


CHARTER  OF  THE  CITY  OF  BERKELEY 


keeping  and  use  by  dealers  of  proper  weights  and  measures 
duly  tested  and  sealed. 

Public  shows.  Gambling. 

(32)  To  license,  regulate,  restrain  or  prohibit  all  exhi- 
bitions, public  shows,  games  and  amusements;  to  prevent 
and  prohibit  all  descriptions  of  gambling  and  fraudulent 
devices  and  practices,  all  playing  of  cards,  dice  or  other 
games  of  chan(?e  for  the  purpose  of  gambling,  the  keeping 
or  operating  of  card  machines,  slot  machines  or  other  con- 
trivances upon  or  into  which  money  is  staked,  hazarded, 
deposited  or  paid  upon  chance  and  the  selling  of  pools  on 
races,  and  to  authorize  the  destruction  of  all  instruments 
used  for  the  purpose  of  gambling. 

Public  order  and  decency. 

(33)  To  restrain  and  punish  vagrants,  mendicants,  lewd 
persons  and  prostitutes;  to  prevent  and  punish  drunkenness, 
prize  fights  and  all  offensive,  immoral,  indecent  and  dis- 
orderly conduct  and  practices  in  the  City. 

Taxation. 

(34)  To  levy  and  collect  taxes  upon  all  real  and  per- 
sonal property  within  the  City,  subject  to  the  limitations 
elsewhere  in  this  Charter  provided. 

Erroneously  collected  taxes. 

(35)  To  order  the  repaying  by  the  Treasurer  of  any 
taxes,  percentages  or  costs  erroneously  or  illegally  collected. 

Fees. 

(36)  To  fix  the  fees  and  charges  for  all  official  services 
not  otherwise  provided  for  in  this  Charter. 

Mayor’s  urgency  fund. 

(37)  To  provide  an  urgent  necessity  fund  not  exceed- 
ing five  hundred  dollars  a year,  to  be  expended  under  the 
direction  of  the  Mayor. 

Lease  of  lands  owned  by  the  City. 

(38)  To  provide  for  the  lease  of  any  lands  now  or 
hereafter  owned  by  the  City,  but  all  leases  shall  be  made 
at  public  auction  to  the  highest  responsible  bidder  at  the 


CHARTER  OF  THE  CITY  OF  BERKELEY 


43 


highest  monthly  rent,  after  publication  of  notice  thereof 
for  at  least  one  week,  stating  explicitly  the  time  and  con- 
ditions of  the  proposed  lease;  provided,  that  the  Council 
may  in  its  discretion  reject  any  or  all  bids. 

Purchase  of  property  under  execution. 

(39)  To  provide  for  the  purchase  of  property  levied 
upon  or  under  execution  in  favor  of  the  City,  but  the 
amount  bid  on  such  purchase  shall  not  exceed  the  amount 
of  judgment  and  costs. 

Sale  of  useless  personal  property. 

(40)  To  provide  for  the  sale  at  public  auction,  after 
advertising  for  five  days,  of  personal  property  unfit  or  un- 
necessary for  the  use  of  the  City. 

Trusts. 

(41)  To  provide  for  the  execution  of  all  trusts  confided 
to  the  City. 

Street  grades. 

(42)  To  establish  or  change  the  grade  of  any  street  or 
public  place. 

Street  work. 

(43)  To  order  the  whole  or  any  part  of  any  street, 
avenue,  lane,  alley,  court  or  place  within  the  City  of  Berke- 
ley to  be  graded  or  regraded  to  the  official  grade,  planked 
or  replanked,  paved  or  repaved,  macadamized  or  re-macada- 
mized, graveled  or  re-graveled,  piled  or  re-piled,  capped  or 
re-capped,  sewered  or  re-sewered,  and  to  order  sidewalks, 
manholes,  culverts,  cesspools,  gutters,  tunnels,  curbing  and 
cross  walks  to  be  constructed  therein,  and  to  order  break- 
waters, levees  or  walls  of  rock  or  other  material  to  protect 
the  same  and  also  any  other  work  or  improvement  therein; 
to  provide  for  the  care  df  shade  trees  planted  therein  and  to 
cause  shade  trees  to  be  planted,  set  out  and  cultivated  therin; 
and  also  to  order  drainage  or  sanitary  sewers  or  storm  water 
sewers  to  be  constructed  on  or  through  private  property. 

Whenever,  in  the  judgment  of  the  Council  or  of  the 
people,  the  cost  and  expense  of  any  of  the  foregoing  im- 
provements is  to  be  paid  by  special  assessments  on  private 


44 


CHARTER  OF  THE  CITY  OF  BERKELEY 


property,  the  general  laws  of  the  State  of  California  in  force 
at  the  time  of  the  improvement  shall  govern  and  control, 
and  all  proceedings  shall  be  in  conformity  thereto. 

Street  Openings. 

(44)  To  order  the  opening,  extending,  widening, 
straightening  or  closing  of  any  street,  lane,  alley,  court  or 
public  place  within  the  City  or  over  tide  lands  and  lands 
covered  by  the  waters  of  San  Francisco  Bay  within  the  City, 
and  to  condemn  and  acquire  any  and  all  property  necessary 
and  convenient  for  that  purpose. 

Whenever,  in  the  judgment  of  the  Council  or  of  the  peo- 
ple, the  cost  and  expense  of  any  of  the  foregoing  improve- 
ments is  to  be  paid  by  special  assessment  on  private  property, 
the  general  laws  of  the  State  of  California  in  force  at  the 
time  of  the  improvement  shall  govern  and  control  and  all 
proceedings  shall  be  in  conformity  thereto,  except  that  all 
the  duties  of  the  commissioners  shall  be  performed  by  the 
City  Engineer,  and  all  clerical  work  shall  be  performed  by 
the  Superintendent  of  Streets,  who  shall  receive  no  com- 
pensation therefor  other  than  the  salaries  of  their  respective 
offices. 

Light  and  water. 

(45)  To  provide  for  the  lighting  of  the  streets,  high- 
ways, public  places,  and  public  buildings  and  for  supplying 
the  City  with  water  for  municipal  purposes. 

Boulevards. 

(46)  To  set  apart  as  a boulevard  or  boulevards  any 
street  or  streets  over  which  there  is  no  existing  franchise 
for  any  railroad  and  to  regulate  and  prevent  heavy  teaming 
thereon;  and  when  any  such  street  shall  have  been  set  aside 
as  a boulevard,  no  franchise  for  a railroad,  interurban  rail- 
way or  street  railway  of  any  kind  stall  be  granted  upon  such 
boulevard  and  no  railroad  track  of  any  kind  shall  ever  be 
laid  thereon,  unless  an  ordinance  to  that  effect  shall  have 
been  duly  passed  by  popular  vote,  as  provided  in  Articles 
XIII  and  XIV. 

Closed  or  abandoned  streets. 

(47)  Whenever  any  street  or  portion  of  a street  shall 


CHARTER  OF  THE  CITY  OF  BERKELEY 


45 


be  abandoned  or  closed  by  ordinance,  to  convey  by  deed 
such  street  or  portion  of  street  so  abandoned  or  closed,  to 
the  owners  of  the  lands  adjacent  thereto  in  such  wise  as  the 
Council  shall  deem,  that  equity  requires. 

Waterfront  and  wharves. 

(48)  To  improve,  keep  in  repair  and  control  the  water- 
front of  the  City,  to  fix  the  rates  of  wharfage,  dockage,  and 
tolls,  and  provide  for  the  collection  thereof,  to  license,  regu- 
late and  control  the  landing,  anchorage  and  moorage  of 
steamboats,  sailing  vessels,  rafts,  tug  boats  and  all  other 
watercraft  within  the  jurisdiction  of  the  City. 

Regulation  of  public  utility  rates. 

(49)  To  fix  and  determine  by  ordinance  in  the  month 
of  February  of  each  year,  to  take  effect  on  the  firist  day  of 
July  thereafter,  the  rates  or  compensation  to  be  collected 
by  any  person,  firm  or  corporation  in  the  City,  for  the  use 
of  water,  heat,  light,  power  or  telephone  service,  supplied 
to  the  City  or  to  the  inhabitants  thereof,  and  to  prescribe 
the  quality  of  the  service. 

Regulation  of  street  railroads. 

(50)  To  regulate  street  railroads,  their  tracks  and  cars, 
to  compel  the  owners  of  two  or  more  such  street  railroads 
using  the  same  street  for  any  distance  not  exceeding  ten 
blocks,  to  use  the  same  tracks  and  to  equitably  divide  the 
cost  of  construction  and  the  cost  of  maintenance  thereof  be- 
tween them. 

Railroads  to  keep  streets  in  repair. 

(51)  To  require  every  railroad  company  to  keep  the 
streets  in  repair  between  the  tracks,  and  along  and  within 
the  distance  of  two  feet  upon  each  side  of  the  tracks,  occu- 
pied by  the  company. 

Spur  tracks. 

(52)  To  permit  the  laying  down  of  spur  or  side  tracks 
and  running  cars  thereon,  for  the  purpose  of  connecting 
warehouses,  manufactories  or  other  business  industries  and 
enterprises  with  any  line  of  railroads  that  may  be  built  along 
the  water  front  or  with  any  other  lines  of  railroad  which  do 


46 


CHARTER  OF  THE  CITY  OF  BERKELEY 


now  or  may  hereafter  enter  the  City,  subject  to  such  regula- 
tions and  conditions  as  may  be  prescribed  from  time  to  time 
by  the  Council,  such  tracks  to  be  used  for  the  transportation 
of  freight  only,  and  not  to  be  used  as  a main  line  or  a part 
thereof ; and  also  for  the  purpose  of  excavating  and  filling  in 
a street  or  portion  of  a street  or  the  adjoining  land,  and  for 
such  limited  time  as  may  be  necessary  for  such  purpose  and 
no  longer. 

Such  tracks  must  be  laid  level  with  the  street  and  must 
be  operated  under  such  restrictions  as  not  to  interfere  with 
the  use  of  the  streets  by  the  public.  All  permits  granted  under 
the  provisions  hereof  shall  be  revocable  at  the  pleasure  of 
the  Council. 

Regulation  of  poles  and  wires. 

(53)  To  cause  the  removal  and  placing  underground  of 
all  telephone,  telegraph,  electric  light  or  other  wires  within 
the  City,  or  within  any  designated  portion  thereof,  and  to 
regulate  or  prohibit  the  placing  of  poles  and  suspending  of 
wires  along  or  across  any  of  the  streets,  highways  and 
public  places  in  the  City. 

Size  and  location  of  pipes. 

(54)  To  regulate  the  size  and  location  of  all  water 
pipes,  gas  pipes,  and  all  other  pipes  and  conduits  laid  or 
constructed  in  the  streets  and  public  places,  and  to  require 
the  filing  of  charts  and  maps  of  such  pipes  and  conduits. 

Elections. 

(55)  To  make  all  rules  and  regulations  governing  elec- 
tions not  inconsistent  with  this  Charter. 

Civil  Service  Commission. 

(56)  To  establish  a bureau  of  Civil  Service  and  to  ap- 
point a commission,  to  serve  without  compensation,  to  ad- 
minister the  same  under  rules  and  regulations  to  be  made 
by  the  Council.  Such  commission  shall,  among  other 
things,  provide  for  the  classification  of  all  employments  in 
the  administrative  service  of  the  City  not  excepted  by  the 
provisions  of  this  Charter,  by  the  Council  or  by  the  people, 
for  open,  competitive  and  free  examinations  as  to  fitness, 


CHARTER  OF  THE  CITY  OF  BERKELEY 


47 


for  an  eligible  list  from  which  vacancies  shall  be  filled,  for 
a period  of  probation  before  employment  is  made  permanent, 
and  for  promotion  on  the  basis  of  merit,  experience  and 
record. 

Civic  Art  Commission. 

(57)  To  establish  a Civic  Art  Commission  and  to  ap- 
point Commissioners  thereon,  to  serve  without  compen- 
sation, with  such  powers  and  duties  as  may  be  fixed  by 
the  Council. 

Park  Commission. 

(58)  To  establish  a Park  Commission,  and  to  appoint 
Commissioners  thereon,  to  serve  without  compensation, 
with  such  powers  and  duties  as  may  be  fixed  by  the  Council. 

Playground  Commission. 

(59)  To  establish  a Playground  Commission  and  to  ap- 
point Commissioners  thereon,  to  serve  without  compensa- 
tion, with  such  powers  and  duties  as  may  be  fixed  by  the 
Council. 

Commission  of  Public  Charities. 

(60)  To  establish  a Commission  of  Public  Charities  and 
to  appoint  Commissioners  thereon,  to  serve  without  com- 
pensation, with  such  powers  and  duties  as  may  be  fixed  by 
the  Council. 

Municipal  ownership. 

(61)  To  provide  a suitable  procedure  for  taking  over  or 
otherwise  acquiring  municipal  ownership  of  public  utilities. 

Additional  powers. 

(62)  To  enact  appropriate  legislation  and  do  and  per- 
form any  and  all  other  acts  and  things  which  may  be  neces- 
sary and  proper  to  carry  out  the  general  powers  of  the 
City  or  any  of  the  provisions  of  this  Charter,  and  to  exer- 
cise all  powers  not  in  conflict  with  the  Constitution  of  the 
State,  with  this  Charter  or  with  ordinances  adopted  by  the 
people  of  the  City. 


48 


CHARTER  OF  THE  CITY  OF  BERKELEY 


ARTICLE  X. 

FINANCE  AND  TAXATION 

The  fiscal  year. 

Sec.  50.  The  fiscal  year  of  the  City  shall  commence 
upon  the  first  day  of  July  of  each  year,  or  at  such  other  time 
as  may  be  fixed  by  ordinance. 

Tax  System. 

Sec.  51.  Tbe  Council  shall  by  ordinance  provide  a sys- 
tem for  the  assessment,  levy  and  collection  of  all  City  taxes 
not  inconsistent  with  the  provisions  of  this  Charter. 

The  Council  shall  have  power  to  avail  itself  by  ordinance 
of  any  law  of  tbe  State  of  California  now  or  hereafter  in 
force  and  comply  with  the  requirements  thereof  whereby 
assessments  may  he  made  by  the  Assessor  of  the  County 
in  which  the  City  of  Berkeley  is  situated  and  taxes  col- 
lected by  the  Tax  Collector  of  said  County  for  and  on  be- 
half of  the  City  of  Berkeley.  Other  provisions  of  this 
charter  concerning  the  assessment,  levy  and  collection  of 
taxes  shall  be  subject  to  the  provisions  of  any  such  ordi- 
nance while  the  same  shall  be  in  force. 

Department  estimates  of  annual  requirements. 

Sec.  52.  On  or  before  the  first  Monday  in  April  in  each 
year,  or  on  such  date  in  each  year  as  shall  be  fixed  by  the 
Council,  the  heads  of  departments,  offices,  boards  and  com- 
missions shall  send  to  the  City  Manager  a careful  estimate, 
in  writing,  of  the  amounts,  specifying  in  detail  the  objects 
thereof,  required  for  the  business  and  proper  conduct  of  their 
respective  departments,  offices,  boards  and  commissions, 
during  the  next  ensuing  fiscal  year. 

Annual  estimate  of  City’s  requirements  and  revenue. 

Sec.  53.  On  or  before  the  first  Monday  in  May  in  each 
year,  or  on  such  date  in  each  year  as  shall  be  fixed  by  tbe 
Council,  the  City  Manager  shall  submit  to  the  Council  a 
tentative  budget  which  shall  contain  an  estimate  of  the  prob- 
able expenditures  of  the  City  Government  for  tbe  next  en- 
suing fiscal  year,  stating  the  amount  required  to  meet  the 
interest  and  sinking  funds  for  the  outstanding  funded  in- 
debtedness of  the  City,  and  the  wants  of  all  the  departments 


CHARTER  OF  THE  CITY  OF  BERKELEY 


49 


of  the  municipal  government  in  detail,  and  showing  specifi- 
cally the  amount  necessary  to  be  provided  for  each  fund  and 
department;  also  an  estimate  of  the  amount  of  income  from 
fines,  licenses  and  other  sources  of  revenue,  exclusive  of 
taxes  upon  property,  and  the  probable  amount  required  to 
be  levied  and  raised  by  taxation. 

Annual  Budget. 

Sec.  54.  The  Council  shall  meet  annually  prior  to  fixing 
the  tax  levy,  and  after  considering  the  tentative  budget  sub- 
mitted by  the  City  Manager  shall  make  a final  budget  of  the 
estimated  amounts  required  to  pay  the  expenses  of  conduct- 
ing the  business  of  the  City  Government  for  the  next  ensuing 
fiscal  year.  The  final  budg'et  shall  be  prepared  in  such  detail 
as  to  the  aggregate  sum  and  the  items  thereof  allowed  to 
each  department,  office,  board  or  commission,  as  the  Council 
may  deem  advisable.  The  Council  may  also  provide,  in  the 
final  budget,  an  emergency  fund  in  such  amount  as  it  may 
deem  advisable,  which  said  fund  shall  not  be  allotted  to  any 
particular  department,  office,  board  or  commission  except  as 
hereinafter  provided. 

And  the  Council  at  the  same  time  shall  pass  an  annual 
appropriation  ordinance,  which  shall  be  based  upon  the  budget 
submitted  by  the  City  Manager,  and  made  up  as  herein  pro- 
vided. The  total  amount  of  appropriations  shall  not  exceed 
the  estimated  revenues  of  the  City. 

Before  the  annual  appropriation  ordinance  has  been 
passed,  the  Council  may  make  teifiporary  appropriations  for 
current  department  expenses,  chargeable  to  the  appropria- 
tions of  the  year  when  passed,  to  an  amount  sufficient  to 
cover  the  necessary  expenses  of  the  various  departments  until 
the  annual  appropriation  is  in  force.  No  other  liabilities  shall 
be  incurred  by  any  officer  or  employee  of  the  City  except  in 
accordance  with  the  provisions  of  the  annual  appropriation 
ordinance,  or  under  continuing  contracts  and  loans  authorized 
under  the  provisions  of  this  Charter. 

At  any  meeting  after  the  passage  of  the  appropria- 
tion ordinance,  the  Council  by  a vote  of  six  of  its  members 
may  amend  such  ordinance,  so  as  to  authorize  the  transfer 
of  unused  balances  appropriated  for  any  purpose,  including 


50 


CHARTER  OF  THE  CITY  OF  BERKELEY 


the  emergency  fund,  to  another  purpose,  or  to  appropriate 
available  revenues  not  included  in  the  annual  budget. 

Board  of  Equalization. 

Sec.  55.  Each  year  the  Council  shall  appoint  three  of  its 
members  who  shall  act  as  a Board  of  Equalization,  which 
Board  shall  meet  on  the  second  and  third  Mondays  in 
August  at  1 1 o’clock  in  the  forenoon,  and  on  such  other  days 
during  said  month  as  may  be  necessary  or  desirable,  for  the 
purpose  of  equalizing  assessments.  Said  Board  of  Equaliza- 
tion shall  have  power  to  hear  complaints  and  to  correct, 
modify,  strike  out,  lower  or  raise  any  assessment,  provided, 
that  at  least  one  day’s  notice  shall  be  given  to  the  party  whose 
assessment  is  to  be  changed.  The  City  Clerk  shall  act  as 
secretary  of  such  Board  and  it  shall  be  the  duty  of  such  secre- 
tary to  keep  permanent  records  of  all  proceedings,  and  to 
enter  therein  all  resolutions  and  decisions  of  the  Board. 

Annual  tax  levy. 

Sec.  56.  The  Council  must  finally  adopt,  not  later  than 
the  first  Tuesday  in  September,  an  ordinance  levying  upon 
the  assessed  valuation  of  the  property  in  the  City,  subject 
to  the  provisions  of  this  Charter,  a rate  of  taxation  upon 
each  hundred  dollars  of  valuation  sufficient  to  raise  the 
amounts  estimated  to  be  required  in  the  annual  budget, 
less  the  amount  estimated  to  be  received  from  fines,  licenses 
and  other  sources  of  revenue.  They  shall  then  deliver  the 
assessment  roll  to  the  Auditor,  who  shall  compute  and  carry 
out  the  amount  of  the  tax  so  levied  upon  each  parcel  of 
property  contained  in  said  assessment  roll.  The  corrected 
list  for  each  tax  shall  be  the  assessment  roll  of  said  tax  for 
said  year,  and  it  shall  be  certified  by  the  Auditor  as  being 
the  assessment  roll  of  said  tax. 

Limit  of  tax  levy. 

Sec.  57.  The  tax  levy  authorized  by  the  Council  to  meet 
the  municipal  expenses  for  each  fiscal  year  shall  not  exceed, 
except  as  herein  provided,  the  rate  of  one  dollar  on  each 
one  hundred  dollars  of  the  assessed  value  of  all  real  and 
personal  property  within  the  City.  The  Council,  if  re- 
quested by  the  Board  of  Education,  shall  in  addition  to  the 


CHARTER  OF  THE  CITY  OF  BERKELEY 


51 


tax  for  municipal  purposes,  levy  a tax  for  the  adequate  sup- 
port of  the  public  schools,  such  levy  not  to  exceed  thirty- 
five  cents  on  each  one  hundred  dollars  of  the  assessed  value 
of  all  real  and  personal  property  within  the  City. 

As  amended  in  1913.  (Statutes  1913,  Chap.  6,  p.  1502.) 

Bond  tax.  Library  tax. 

Sec.  58.  The  Council  shall  have  power  to  levy  and  col- 
lect taxes  in  addition  to  the  taxes  herein  authorized  to  be 
levied  and  collected,  sufficient  to  pay  the  interest  and  main- 
tain a sinking  fund  of  the  bonded  indebtedness  of  the  City 
and  to  provide  for  the  establishment  and  support  of  free 
public  libraries  and  reading  rooms. 

Cash  Basis  Fund. 

Sec.  59.  The  Council  shall  create  and  maintain  a per- 
manent revolving  fund,  to  be  known  as  the  Cash  Basis 
Fund,  for  the  purpose  of  putting  the  payment  of  the  running 
expenses  of  the  City  on  a cash  basis.  For  this  purpose  the 
Council  shall  provide  that,  from  the  money  collected  from 
the  annual  tax  levy  and  from  money  received  from  other 
sources,  a sum  equal  to  not  less  than  two  and  onedialf  cents 
on  each  one  hundred  dollars  of  the  assessed  value  of  said 
property  shall  be  placed  in  such  fund  until  the  accumulated 
amount  in  such  fund  shall  be  sufficient  to  meet  all  legal  de- 
mands against  the  treasury  for  the  first  four  months  or  other 
necessary  period  of  the  succeeding  fiscal  year. 

The  Council  shall  have  power  to  transfer  from  the  Cash 
Basis  Fund  to  any  other  fund  or  funds  such  sum  or  sums 
as  may  be  required  for  the  purpose  of  placing  such  fund 
or  funds,  as  nearly  as  possible,  on  a cash  basis.  It  shall 
be  the  duty  of  the  Council  to  provide  that  all  money  so 
transferred  from  the  Cash  Basis  Fund  be  returned  thereto 
before  the  end  of  the  fiscal  year. 

Tax  liens. 

Sec.  60.  All  taxes  assessed,  together  with  any  percentage 
imposed  for  delinquency  and  the  cost  of  collection,  shall 
constitute  liens  on  the  property  assessed;  every  tax  upon  the 
personal  property  shall  be  a lien  upon  the  real  property  of  the 
owner  thereof.  The  liens  provided  for  in  this  section  shall 


52 


CHARTER  OF  THE  CITY  OF  BERKELEY 


attach  as  of  the  first  Monday  in  March  of  each  year,  and  may 
be  enforced  by  actions  in  any  court  of  competent  jurisdic- 
tion to  foreclose  such  liens,  or  by  a sale  of  the  property 
affected  and  the  execution  and  delivery  of  all  necessary  cer- 
tificates and  deeds  therefor,  under  such  regulations  as  may 
be  prescribed  by  ordinance;  provided,  that  when  real  estate 
is  offered  for  sale  for  City  taxes  due  thereon,  the  same  shall 
be  struck  off  and  sold  to  the  City,  in  like  case  and  in  like 
manner  and  with  like  effect  and  with  like  right  of  redemp- 
tion, as  it  may  be  struck  off  and  sold  to  the  State  when 
offered  for  sale  for  State  and  County  taxes;  and  the  Council 
shall  have  power  to  provide  for  the  procedure  to  be  followed 
in  such  sales  to  the  City  and  redemption  thereafter. 

Duties  of  the  Auditor. 

Sec.  61.  Payment  by  the  City,  excepting  redemption  of 
bonds  and  interest  coupons,  shall  be  made  only  upon  vouchers 
certified  by  the  head  of  the  appropriate  department  and  ap- 
proved by  the  City  Manager,  and  by  means  of  warrants  on 
the  City  Treasury,  issued  by  the  Auditor  and  countersigned 
by  the  City  Manager.  The  Auditor  shall  examine  all  pay- 
rolls, bills  and  other  claims  and  demands  against  the  City, 
and  shall  issue  no  warrants  for  payment  unless  he  finds  the 
claim  is  in  proper  form,  correctly  computed  and  duly  cer- 
tified; that  it  is  justly  and  legally  due  and  payable;  that  a 
budget  appropriation  has  been  made  therefor  which  has  not 
been  exhausted,  or  that  the  payment  has  been  otherwise 
leg*ally  authorized ; and  that  there  is  money  in  the  City  Treas- 
ury to  make  payment.  He  may  require  any  claimant  to  make 
oath  as  to  the  validity  of  the  claim.  He  may  investigate  any 
claim,  and  for  such  purpose  may  examine  witnesses  under 
oath;  and  if  he  finds  it  fraudulent,  erroneous  or  otherwise 
invalid,  he  shall  not  issue  a warrant  therefor.  No  suit  shall 
be  brought  on  any  claim  for  money  against  the  City  or  any 
officer,  board  or  commission  of  the  City  until  a demand  for 
the  same  has  been  presented  and  rejected  in  whole  or  in  part. 
If  rejected  in  part,  suit  may  be  brought  to  recover  the  whole. 
Nor  shall  suit  be  brought  against  the  City  or  any  officer, 
board  or  commission  thereof  upon  any  claim  or  demand 
which  has  been  approved  and  audited ; provided,  that 


CHARTER  OF  THE  CITY  OF  BERKELEY 


53 


nothing  herein  shall  be  construed  so  as  to  deprive  the  holder 
of  any  demand  against  the  City  Council  or  any  officer,  board 
or  commission  to  compel  him  or  it  to  act  upon  such  claim  or 
demand,  or  to  pay  the  same  when  audited. 

Money  to  meet  warrants. 

Sec.  62.  When  the  running  expenses  of  the  City  have 
been  placed  on  a cash  basis,  warrants  payable  on  demand 
shall  be  drawn  upon  the  Treasurer,  or  against  any  funds 
in  his  hands,  only  when  at  the  time  of  the  drawing  and 
issuing  of  such  warrants  there  shall  be  sufficient  money  in 
the  appropriate  fund  in  the  treasury  to  pay  said  warrants. 

Disposition  of  money  collected. 

Sec.  63.  Every  officer  collecting  or  receiving  any  moneys 
belonging  to  or  for  the  use  of  the  City  shall  settle  for  the 
same  with  the  Auditor  on  or  before  the  last  day  of  each 
month,  or  at  more  frequent  intervals  as  may  be  directed  by 
the  Council,  and  immediately  pay  all  the  same  into  the 
treasury,  on  the  order  of  the  Auditor,  for  the  benefit  of  the 
funds  to  which  such  moneys  severally  belong.  When  the 
last  day  of  the  month  falls  upon  Sunday  or  a legal  holiday, 
the  said  payments  shall  be  made  on  the  next  preceding  busi- 
ness day.  The  Council  may  provide,  in  its  discretion,  for 
the  deposit  of  the  City  moneys  in  banks  in  accordance  with 
the  State  law. 

Uniform  accounts  and  reports. 

Sec.  64.  The  Council  shall  prescribe  uniform  forms  of 
accounts,  which  shall  be  observed  by  all  officers  and  depart- 
ments of  the  City  which  receive  or  disburse  moneys.  When- 
ever an  act  shall  be  passed  by  the  State  Legislature  calling 
for  uniform  municipal  reports,  the  City  authorities  shall  be 
governed  thereby. 

ARTICLE  XI. 

PUBLIC  WORKS  AND  SUPPLIES 
Form  of  contracts. 

Sec.  65.  All  contracts  shall  be  drawn  under  the  super- 
vision of  the  City  Attorney.  All  contracts  must  be  in  writ- 
ing, executed  in  the  name  of  the  City  of  Berkeley  by  an 


54 


CHARTER  OF  THE  CITY  OF  BERKELEY 


officer  or  officers  authorized  to  sign  the  same,  and  must  be 
countersigned  by  the  Auditor,  who  shall  number  and  reg- 
ister the  same  in  a book  kept  for  that  purpose. 

Progressive  payments  on  contracts. 

Sec.  66.  Any  contract  may  provide  for  progressive  pay- 
ments, if  in  the  ordinance  authorizing  or  ordering  the  work, 
permission  is  given  for  such  a contract.  But  no  progressive 
payments  can  be  provided  for  or  made  at  any  time  which, 
with  prior  payments,  if  there  have  been  such,  shall  exceed 
in  amount  at  that  time  seventy-five  per  cent  of  the  value 
of  the  labor  done  and  the  materials  used  up  to  that  time, 
and  no  contract  shall  provide  for  or  authorize  or  permit  the 
payment  of  more  than  seventy-five  per  cent  of  the  contract 
price  before  the  completion  of  the  work  done  under  said 
contract  and  the  acceptance  thereof  by  the  proper  officer, 
department  or  board. 

Public  work  to  be  done  by  contract. 

Sec.  67.  In  the  erection,  improvement  and  repair  of  all 
public  buildings  and  works,  in  all  street  and  sewer  work, 
and  in  all  work  in  or  about  streams,  bays  or  water  front, 
or  in  or  about  embankments  or  other  works  for  protection 
against  overflow  and  erosion,  and  in  furnishing  any  sup- 
plies and  materials  for  the  same,  or  for  any  other  use  by 
the  City,  when  the  expenditure  required  for  the  same  ex- 
ceeds the  sum  of  five  hundred  dollars,  the  same  shall  be  done 
by  contract,  and  shall  be  let  to  the  lowest  responsible  bidder, 
after  advertising  for  sealed  proposals  for  the  work  con- 
templated for  five  consecutive  days  in  the  official  newspaper. 
Such  notice  shall  distinctly  and  specifically  state  the  work 
contemplated  to  be  done.  Provided,  however,  the  Council 
may  reject  any  and  all  bids,  if  deemed  excessive,  and  re- 
advertise for  bids,  or  provide  for  the  work  to  be  done  by  the 
Department  of  Public  Works.  In  case  no  bid  is  received, 
the  Council  may  likewise  provide  for  the  work  to  be  done 
by  the  Department  of  Public  Works. 

Sec.  68.  The  Council  shall  annually  call  for  bids  for 
advertising,  and  a contract  therefor  shall  be  awarded  to  the 
lowest  responsible  bidder  whose  paper  has  a general  circula- 
tion in  the  City  of  Berkeley  of  at  least  five  hundred. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


55 


PROVIDED,  that  the  Council  may  reject  all  bids,  if  in 
its  opinion  the  bid  of  the  lowest  responsible  bidder  is  not 
reasonable,  and  may  again  call  for  bids ; or  may  designate  as 
the  official  paper  a newspaper  of  general  circulation  in  the 
City  of  Berkeley  of  at  least  five  hundred  and  which  shall  have 
been  established  at  least  one  year.  In  no  event  shall  the  rate 
for  official  advertising  exceed  the  lowest  rate  charged  by  the 
paper  for  publishing  any  class  of  advertising. 

PROVIDED,  that  the  Council  may  in  its  descretion  post 
notices  and  copies  of  all  matters  required  by  this  Charter  to 
be  published  in  ten  prominent  places  in  the  City  of  Berkeley, 
said  places  to  be  fixed  by  ordinance.  This  posting  shall  be 
sufficient  publication  of  any  matter  required  by  this  Charter 
to  be  published. 

All  portions  of  this  Charter  in  conflict  herewith  are  hereby 
rquealed. 

Contracts  for  lighting. 

Sec.  69.  No  contract  for  lighting  streets,  public  build- 
ings, places  or  offices  shall  be  made  for  a longer  period  than 
one  year,  nor  shall  any  contract  to  pay  for  electric  light  or 
any  illumination  material  at  a higher  rate  than  the  minimum 
price  charged  to  any  other  consumer  be  valid. 

Contracts  for  water. 

Sec.  70.  No  contract  for  supplying  water  for  the  use  of 
the  municipality  in  any  of  its  departments  shall  be  valid 
wherein  the  rates  exceed  those  charged  to  other  consumers. 

Hours  of  labor. 

Sec.  71.  The  maximum  time  of  labor  or  service  required 
of  any  laborer,  workman  or  mechanic  employed  upon  any 
municipal  work,  whether  so  employed  directly  by  the  City 
and  its  officers,  or  by  a contractor  -or  sub-contractor,  shall 
be  eight  hours  during  any  one  calendar  day. 

Collusion  with  bidder. 

Sec.  72.  Any  officer  of  the  City,  or  of  any  department 
thereof,  who  shall  aid  or  assist  a bidder  in  securing  a con- 
tract to  furnish  labor,  material  or  supplies  at  a higher  price 
than  that  proposed  by  any  other  bidder,  or  who  shall  favor 


56 


CHARTER  OF  THE  CITY  OF  BERKELEY 


one  bidder  over  another  by  giving  or  withholding  informa- 
tion or  who  shall  wilfully  mislead  any  bidder  in  regard  to 
the  character  of  the  material  or  supplies  called  for,  or  who 
shall  knowingly  accept  materials  or  supplies  of  a quality 
inferior  to  those  called  for  by  the  contract,  or  who  shall 
knowingly  certify  to  a greater  amount  of  labor  performed 
than  has  been  actually  performed,  or  to  the  receipt  of  a 
greater  amount  or  different  kind  of  material  or  supplies 
than  has  been  actually  received,  shall  be  deemed  guilty  of 
a malfeasance  and  shall  be  removed  from  office. 

Collusion  by  bidder. 

Sec.  73.  If  at  any  time  it  shall  be  found  that  the  person 
to  whom  a contract  has  been  awarded,  has,  in  presenting 
any  bid  or  bids,  colluded  with  any  other  party  or  parties 
for  the  purpose  of  preventing  any  other  bid  being  made, 
then  the  contract  so  awarded  shall  be  null  and  void,  and 
the  Council  shall  advertise  for  a new  contract  for  said  work 
or  provide  for -such  public  work  to  be  done  by  the  Depart- 
ment of  Public  Works. 

ARTICLE  XII. 

FRANCHISES 

Property  rights  of  the  City  inalienable. 

Sec.  74.  The  rights  of  the  City  in  and  to  its  water  front, 
wharf  property,  land  under  water,  public  landings,  wharves, 
docks,  streets,  highways,  parks  and  all  other  public  places, 
except  as  otherwise  provided  in  this  Charter,  are  hereby  de- 
clared inalienable. 

No  use  of  streets  without  a franchise. 

Sec.  75.  No  person,  firm  or  corporation  shall  ever  exer- 
cise any  franchise  or  privilege  mentioned  in  this  article 
except  in  so  far  as  he  or  it  may  be  entitled  to  do  so  by 
direct  authority  of  the  Constitution  of  California  or  of  the 
Constitution  or  laws  of  the  United  States,  in,  upon,  over, 
under  and  along  any  street,  highway  or  other  public  place 
in  the  city  unless  he  or  it  shall  have  obtained  a grant  therefor 
in  accordance  with  the  provisions  of  this  article  of  this 
Charter. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


57 


Franchises  to  use  streets. 

Sec.  76.  Every  franchise  or  privilege  to  construct  or 
operate  street,  suburban,  or  interurban  railroads  along,  upon, 
over  or  under  any  street,  highway,  or  other  public  place 
or  to  lay  pipes  or  conduits  or  to  erect  poles  or  wires  or  other 
structures  in,  upon,  over,  under  or  along  any  street,  high- 
way or  other  public  place  in  the  City  for  the  transmission  of 
gas  or  electricity,  or  for  any  purpose  whatever,  shall  be 
granted  upon  the  conditions  in  this  article  provided,  and  not 
otherwise. 

Applications  for  franchises. 

Sec.  77.  (1)  An  applicant  for  a franchise  or  prilivege 

shall  file  with  the  Council  an  application  therefor,  and 
thereupon  the  Council  shall,  if  it  propose  to  grant  the 
same,  advertise  the  facts  of  said  application,  together  with 
a statement  that  it  is  proposed  to  grant  the  same,  in  the 
official  newspaper  of  the  City.  The  publication  of  such 
advertisement  must  run  for  ten  successive  days  and  must  be 
completed  not  less  than  twenty  days  and  not  more  than 
thirty  days  before  any  further  action  can  be  taken  on  such 
application. 

Conditions  of  grant. 

(2)  The  advertisement  must  state  the  character  of  the 
franchise,  permit  or  privilege  it  is  proposed  to  grant,  and, 
if  it  be  a street  or  suburban  or  interurban  railroad,  the 
route  to  be  traversed ; that  sealed  bids  therefor  will  be  opened 
at  a stated  time  and  place,  and  that  the  franchise,  permit  or 
privilege  will  be  awarded  to  the  bidder  offering  to  pay  to 
the  City  during  the  life  of  the  franchise,  permit  or  privilege, 
the  highest  percentage  of  the  net  annual  revenue  received 
from  the  use,  operation  or  possession  of  the  franchise,  per- 
mit or  privilege,  provided  that  such  net  annual  revenue 
shall  be  determined  by  deducting  from  the  gross  annual  reve- 
nue collected  from  any  and  all  sources,  under  and  by  virtue  of 
such  franchise,  permit  or  privilege,  all  operating  and  main- 
tenance costs,  taxes,  insurance,  depreciation  as  fixed  by  the 
Board  of  Control  and  six  (6)  per  cent  interest  on  the  valua- 
tion of  the  property  of  the  grantee  used  and  useful  or  de- 


58 


CHARTER  OF  THE  CITY  OF  BERKELEY 


termined  in  the  franchise  ordinance  to  be  of  prospective 
usefulness  in  the  public  service.  Such  valuation  to  be  fixed 
by  the  Railroad  Commission  of  the  State  of  California  or  its 
successors  in  interest,  and  determined  as  provided  in  Section 
eighty-two  (82)  of  this  Charter;  and  provided  further  that 
the  said  percentage  of  the  net  annual  revenue  to  be  paid  to 
the  City  shall  not  be  less  than  fifty -five  (55)  per  cent;  and 
provided  further  that  the  Council  shall  have  the  right  to 
reject  any  and  all  bids. 

(3)  At  the  time  of  opening  the  sealed  bids,  any  respon- 
sible person,  firm  or  corporation  may  bid  for  such  franchise, 
permit  or  privilege  not  less  than  one-half  (J4)  of  one  (1) 
per  cent  of  the  net  annual  revenue  for  the  entire  term  of  the 
franchise,  permit  or  privilege  above  the  highest  sealed  bid 
therefor,  and  such  bids  so  made  may  be  raised  not  less  than 
cne-half  (J4)  of  one  (1)  per  cent  of  said  net  annual  revenue 
for  such  entire  term,  by  any  other  responsible  bidder,  and 
such  bidding  may  continue  until  finally  such  franchise,  per- 
mit or  privilege  shall  be  struck  off,  sold  and  awarded  by 
the  Council  to  the  person,  firm  or  corporation  offering  the 
highest  percentage  of  the  said  net  annual  revenue  arising 
from  the  use,  operation  or  possession  of  said  franchise, 
permit  or  privilege  subject  to  the  provisions  of  Subdivision 
2 of  this  Section;  provided,  that  if  in  the  judgment  of  the 
Council  no  adequate  or  responsible  bid  has  been  made,  the 
Council  may  withdraw  such  franchise,  permit  or  privilege 
from  sale  or  advertise  for  new  bids. 

If  the  franchise,  permit  or  privilege  is  for  a street  or 
suburban  or  interurban  railroad,  which  shall  extend  beyond 
the  limits  of  the  City  of  Berkeley,  then  and  in  that  case  the 
percentage  of  the  net  annual  revenue  above  specified  shall 
be  computed  or  reckoned  as  follows:'  The  total  length  of 
the  said  railroad  within  and  without  the  City,  shall  be  com- 
pared with  the  length  of  said  railroad  within  the  City,  for 
which  a franchise,  permit  or  privilege  is  bid,  and  such  frac- 
tion of  the  net  revenue  for  the  whole  of  the  said  railroad, 
within  and  without  the  City,  as  the  portion  of  such  railroad 
within  the  City  is  of  the  said  whole  railroad  shall  be  deemed 
and  considered  the  net  annual  revenue  upon  which  the  above 


CHARTER  OF  THE  CITY  OF  BERKELEY 


59 


percentage  to  be  paid  into  the  City  Treasury  shall  be 
reckoned.  No  street  or  suburban  or  interurban  or  com-* 
mercial  railroad  shall,  without  permission  from  the  City  of 
Berkeley  granted  by  ordinance  so  to  do,  use  the  tracks  of 
any  other  street  or  suburban  or  interurban  or  commercial 
railroad  within  the  City  of  Berkeley. 

As  amended  in  1917.  (Statutes  1917,  Chap.  17,  p.  1814.) 

Deposit  as  guarantee  of  good  faith. 

(4)  Every  application  and  bid  for  franchise  under  this 
article  shall  be  accompanied  by  a cash  deposit  of  two 
thousand  dollars  or  a certified  check  therefor,  as  a guar- 
antee of  the  good  faith  of  the  applicant  or  bidder,  and  as 
a fund  out  of  which  to  pay  all  expenses  connected  with 
such  application  and  the  granting  of  such  franchise. 

Upon  the  franchise  being  awarded,  all  deposits  made  by 
unsuccessful  bidders  shall  be  returned.  The  deposit  of  the 
successful  bidder  shall  be  retained  until  the  filing  and  ap- 
proval of  the  surety  bond  hereinafter  provided  for,  where- 
upon the  remainder  of  such  deposit,  after  the  payment  there- 
from of  all  expenses  incurred  by  the  City  in  connection  with 
the  advertising  and  awarding  of  such  franchise,  shall  be 
returned. 

Free  competition  in  bidding. 

(5)  No  clause  or  condition  of  any  kind  shall  be  inserted 
in  any  franchise  or  grant  offered  or  sold  under  the  terms 
of  this  article  which  shall  directly  or  indirectly  restrict  free 
and  open  competition  in  bidding  therefor,  and  no  clause  or 
provision  shall  be  inserted  in  any  franchise  offered  for  sale 
which  shall  in  any  wise  favor  one  person,  firm  or  corporation 
as  against  another  in  bidding  for  the  purchase  thereof. 

Bond. 

(6)  The  successful  bidder  for  any  franchise  or  privilege 
awarded  under  this  article  shall  file  a bond  running  to  the 
City  to  be  approvid  by  the  Council,  in  the  penal  sum  by  it  to 
be  prescribed  and  set  forth  in  the  advertisement  for  bids, 
conditioned  that  such  bidder  shall  well  and  truly  observe 
and  faithfully  perform  each  and  every  term  and  condition 
of  such  franchise,  and  that  in  case  of  any  breach  of  condi- 


60 


CHARTER  OF  THE  CITY  OF  BERKELEY 


tions  of  such  bond,  the  whole  amount  of  the  penal  sum 
therein  named  shall  be  taken  and  deemed  to  be  liquidated 
damages  and  shall  be  recoverable  from  the  principal  and 
surety  upon  such  bond. 

Such  bond  shall  be  filed  with  the  Council  within  five  days 
after  such  franchise  is  awarded,  and  within  thirty  days  after 
the  filing  and  approval  of  such  bond  such  franchise  shall 
by  the  Council  be  granted  by  ordinance  to  the  person,  firm 
or  corporation  to  whom  it  shall  have  been  struck  off,  sold, 
or  awarded,  and  in  case  such  bond  shall  not  be  so  filed,  the 
award  of  such  franchise  shall  be  set  aside  and  any  money 
deposited  in  connection  with  the  awarding  of  the  franchise 
shall  be  forfeited  and  the  franchise  shall,  in  the  discretion  of 
the  Council,  be  readvertised  and  again  offered  for  sale  in 
the  same  manner  and  under  the  same  restrictions  as  herein- 
before provided. 

Re-settlement  franchises. 

Sec.  77^2.  The  Council  is  hereby  empowered  to  provide 
for  a general  re-settlement  of  the  franchise  rights  of  and 
to  grant  a re-settlement  franchise  to  any  person,  firm  or 
corporation  actually  engaged  in  operating-  a public  utility 
or  utilities  in  the  City  of  Berkeley  at  the  time  this  amend- 
ment becomes  effective,  upon  written  application  therefor 
and  upon  the  fallowing  terms  and  conditions,  and  not 
otherwise : 

Advisory  Board. 

(i)  Whenever  such  written  application,  as  above  pro- 
vided for,  shall  have  been  made,  the  Mayor  thereupon  shall 
appoint  an  Advisory  Board  to  consist  of  seven  (7)  citizens, 
who  shall  co-operate  with  the  Council  in  preparing  such 
re-settlement  franchise;  and  said  written  application  for  a 
re-settlement  franchise  shall  thereupon  be  referred  to  said 
Advisory  Board,  which  shall  make  within  a reasonable  time 
a written  report  thereon  to  the  Council ; and  without  such 
report  said  Council  shall  have  no  power  to  pass  such  re- 
settlement franchise.  The  said  citizens  shall  serve  without 
pay,  but  all  reasonable  expense  incurred  by  them  in  the  work 
of  preparing  said  re-settlement  franchise  shall  be  paid  by 


CHARTER  OF  THE  CITY  OF  BERKELEY 


61 


the  City  upon  the  presentation  of  a proper  bill,  in  the  same 
manner  as  any  other  proper  claim  against  the  City. 

Time  period  of  franchise. 

(2)  Every  such  re-settlement  franchise,  permit  or  priv- 
ilege shall  be  granted  for  an  indeterminate  period  subject 
always  to  the  right  of  the  City  to  acquire  and  possess  the 
property  of  the  grantee  or  to  assign  its  rights  to  purchase 
and  possess  to  a third  person,  firm  or  corporation,  as  herein 
provided. 

Division  of  annual  net  revenue. 

(3)  Every  such  re-settlement  franchise,  permit  or  priv- 
ilege shall  confer  upon  the  grantee  thereof  the  right  to 
occupy  the  streets  and  public  places  of  the  City  particu- 
larly set  out  in  the  terms  and  conditions  of  said  franchise, 
permit  or  privilege,  subject  always  to  the  right  of  the  City 
to  acquire  and  possess  the  property  of  said  grantee,  or  to 
assign  its  right  to  purchase  and  possess  to  a third  person, 
firm  or  corporation,  as  provided  in  this  Article;  provided, 
however,  that  said  grantee  shall  pay  the  City  such  a per- 
centage of  the  net  revenue  annually  collected  from  any  and 
all  sources  under  and  by  virtue  of  such  franchise,  permit  or 
privilege,  which  percentage  shall  not  be  less  than  fifty-five 
(55)  Per  cent  of  such  annual  net  revenue,  and  provided 
further,  that  such  annual  net  revenue  shall  be  determined  by 
deducting  from  the  annual  gross  revenue  all  operating  and 
maintenance  costs,  taxes,  insurance,  depreciation  as  fixed  by 
the  Board  of  Control  and  six  (6)  per  cent  interest  on  the 
valuation  of  the  property  used  and  useful  or  determined  in 
the  franchise  ordinance  to  be  of  prospective  usefulness  in 
the  public  service.  Such  valuation  to  be  fixed  by  the  Rail- 
road Commission  of  the  State  of  California,  or  its  successors 
in  interest,  and  determined  as  provided  in  Section  Eighty- 
two  (82)  of  this  Charter. 

Passage  and  approval  of  franchise. 

(4)  Every  such  re-settlement  franchise  shall  be  intro- 
duced in  the  Council  in  the  form  of  an  ordinance,  at  least 
ten  days  prior  to  being  passed  to  print,  and  shall  remain 
before  the  Council  at  least  twenty  (20)  days  after  printing 


62 


CHARTER  OF  THE  CITY  OF  BERKELEY 


before  final  passage.  After  the  final  passage  of  said  ordi- 
nance the  same  shall  be  referred  and  submitted  to  the  vote 
of  the  electors  of  the  City  at  the  general  or  special  election 
next  ensuing  not  less  than  twenty  (20)  days  after  the  final 
passage  of  such  ordinance.  But  if  no  general  or  special  elec- 
tion is  to  be  held  in  the  City  within  a period  of  not  less  than 
twenty  (20)  days  and  not  more  than  ninety  (90)  days  after 
such  final  passage,  the  Council  shall  call  a Special  Election 
for  the  purpose  of  submitting  said  ordinance  to  the  electors 
as  aforesaid,  said  Special  Election  to  be  held  not  less  than 
thirty  (30)  days  and  not  more  than  sixty  (60)  days  after 
such  final  passage. 

No  such  re-settlement  franchise  ordinance  shall  go  into 
effect  until  it  shall  have  been  so  submitted  to  the  electors 
of  the  City  and  received  the  approval  of  a majority  of  the 
electors  voting  thereon.  Section  6;  Subdivision  5 of  Sec- 
tion 92;  Subdivisions  13,  14,  15,  20  and  26  of  Section  5 of 
this  Charter,  so  far  as  applicable,  shall  govern  elections  held 
under  the  provisions  of  this  section. 

Public  Hearings  by  Council. 

(5)  The  Council  shall  hold  public  hearings  on  every 
proposed  re-settlement  franchise  prior  to  its  final  passage, 
and  not  later  than  seven  days  after  such  final  passage  shall 
cause  such  re-settlement  franchise  to  be  printed  in  con- 
venient pamphlet  form  for  public  distribution  and  shall 
publish  daily  thereafter  up  to  the  date  of  such  election  in 
the  official  newspaper  of  the  City  a notice  to  the  effect 
that  any  person  may  procure  a copy  of  such  re-settlement 
franchise  upon  application  therefor  made  in  person  or  by 
mail  to  the  City  Clerk,  provided  that  all  costs  of  printing, 
publishing  and  advertising  said  franchise  shall  be  borne 
by  the  grantee  of  said  franchise. 

Additional  powers. 

(6)  In  the  passage  of  a re-settlement  franchise,  the 
Council  shall  have  power  to  impose  terms  and  conditions 
not  inconsistent  with  this  Charter,  in  addition  to  the  terms 
and  conditions  provided  for  herein,  and  shall  have  such 
other  powers  hereunder  as  may  be  found  necessary  to  the 
proper  preparation,  enactment,  and  the  carrying  out  of  the 


CHARTER  OF  THE  CITY  OF  BERKELEY 


63 


terms  of  a re-settlement  franchise  that  provided,  first,  serv- 
ice of  the  highest  efficiency  to  the  public,  second,  sufficient 
new  money  to  make  extensions  in  the  service  of  the  public 
utility  necessary  in  the  proper  development  of  the  City, 
and  third,  the  right  of  the  City  to  convey  to  a third  per- 
son, firm  or  corporation  the  City’s  privileges  of  purchas- 
ing the  property  of  the  grantee  upon  like  terms  and  condi- 
tions as  the  City  may  so  purchase. 

Amendments  to  re-settlement  franchises. 

(7)  Any  re-settlement  franchise  may  be  amended  from 
time  to  time  by  ordinance  passed  by  the  Council  and  rati- 
fied by  the  electors  of  the  City  in  the  manner  herein  pre- 
scribed for  the  passage  of  such  re-settlement  franchise  in 
the  first  instance  and  not  otherwise,  provided  that  any  such 
amendment  shall  not  be  effective  unless  accepted  in  writing 
by  the  grantee  of  such  re-settlement  franchise,  and  provided 
further  that  the  Council  in  the  preparation  of  such  amend- 
ment may  in  its  discretion  act  without  the  appointment  of  an 
advisory  board,  and  that  no  such  amendment  shall  in  any 
respect  contravene  the  provisions  of  this  Section  of  this 
Charter. 

Joint  Control. 

(8)  Every  re-settlement  franchise  shall  provide  for  a 
Board  of  Control  to  consist  of  two  competent  and  experi- 
enced men,  one  to  be  selected  by  the  Council  and  one  by 
the  grantee  of  said  franchise,  all  disagreements  between  the 
two  to  be  decided  by  an  arbiter  appointed  for  that  purpose 
in  a manner  to  be  determined  in  such  franchise. 

Service. 

(9)  Every  re-settlement  franchise  shall  provide  for  ser- 
vice of  the  highest  efficiency,  which  shall  be  maintained  dur- 
ing the  life  of  the  franchise. 

New  franchises  and  extensions. 

(10)  Every  re-settlement  franchise  shall  provide  that 
any  new  franchise  granted  to  the  holder  of  such  re-settle- 
ment  franchise  shall  be  considered  as  a part  of  such  re-set- 
tlement franchise,  and  shall  also  provide  that  the  Council 
may  by  ordinance  grant  to  the  grantee  of  such  re-settlement 


64 


CHARTER  OF  THE  CITY  OF  BERKELEY 


franchise  the  right  to  extend  the  appliances  and  service  of 
such  grantee.  All  such  extensions  shall  become  a part  of 
the  aggregate  property  of  such  property  of  such  grantee,  and 
shall  be  subject  to  all  the  obligations  and  rights  in  favor 
of  the  City  applicable  to  the  property  of  the  grantee  by 
virtue  of  such  re-settlement  franchise.  The  right  to  use 
and  maintain  any  such  extension  shall  expire  with  the  origi- 
nal grant  of  such  grantee  by  which  the  extensions  are  made. 

Consolidated  or  annexed  territory. 

(n)  Every  re-settlement  franchise  shall  provide  that 
in  case  of  consolidation  with  or  annexation  to  the  City  of 
any  territory  not  now  included  in  said  City,  any  franchise 
to  operate  such  utility  or  any  part  thereof,  held  or  claimed 
by  the  holder  of  such  re-settlement  franchise  in  or  for  any 
portion  of  such  consolidated  or  annexed  territory  shall  there- 
upon be  surrendered  to  the  City  and  that  the  rights  and  obli- 
gations of  such  re-settlement  franchise  shall  thereupon  auto- 
matically extend  to  such  additional  territory,  and  that  a 
valuation  of  the  properties  used  and  useful,  or  in  the  dis- 
cretion of  the  City  prospectively  useful  in  the  operation  of 
such  utility  in  the  area  so  consolidated  or  annexed  and  not 
included  in  the  capital  valuation  already  fixed  in  such  re- 
settlement ^franchise  shall  be  added  to  the  capital  account  of 
said  re-settlement  franchise  grantee  at  a valuation  fixed  by 
the  Railroad  Commission  of  the  State  of  California,  or  its 
successors  in  interest,  and  otherwise  determined  as  provided 
in  Section  Eighty-two  (82)  of  this  Charter. 

Provision  for  the  surrender  of  existing  franchises. 

(12)  Every  re-settlement  franchise  shall  provide  for  the 
surrender  by  the  grantee  thereof  of  any  or  all  of  the  fran- 
chises or  rights  owned  or  claimed  by  such  grantee  for  the 
occupation  of  the  streets  or  public  places  of  said  City  at 
the  time  of  such  re-settlement,  and  the  acceptance  in  lieu 
thereof  of  the  rights  and  privileges  granted  by  such  re-set- 
tlement franchise  as  a franchise  for  the  continued  operation 
of  such  utility  within  the  limits  of  the  City  or  such  portion 
thereof  as  had  heretofore  been  operated  under  the  franchise 
or  franchises  so  surrendered,  but  not  in  contravention  of  any 
conditions  of  this  Charter. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


65 


Assumption  of  bonded  indebtedness. 

(13)  Every  re-settlement  franchise  may  provide  that, 
when  purchasing  the  property  of  the  grantee,  the  City,  if 
and  when  permitted  by  the  provisions  of  the  Constitution 
of  the  State  of  California,  miay  assume  the  obligations  of 
such  grantee  for  the  payment  of  the  bonds  then  outstanding 
against  said  property,  not  exceeding  in  aggregate  par  value 
the  valuation  of  the  property  thus  purchased,  determined  as 
in  Section  Eighty-two  (82)  of  this  Charter  provided,  and 
in  such  case  the  par  value  of  such  bonds  shall  be  deducted 
from  the  said  valuation  of  the  property  and  the  excess,  if 
any,  of  the  valuation  of  the  property  over  the  par  value  of 
the  bonds  so  assumed  shall  be  the  purchase  price  to  be  paid 
to  the  g*rantee  by  the  City  for  said  property.  After  such 
purchase,  the  bonds  so  assumed  shall  no  longer  be  a lien  ex- 
clusively upon  the  franchise  or  property  of  the  utility  as 
such,  but  may  be  secured  by  the  general  credit  of  the  City 
or  by  a lien  upon  a fixed  percentage  or  amount  of  the  gross 
earnings  of  such  utility,  or  otherwise,  as  may  be  provided  in 
such  re-settlement  franchise. 

As  amended  in  1917.  (Statutes  1917,  Chap.  17,  p.  1814.) 

Life  of  franchise. 

Sec.  78.  Every  franchise,  permit  or  privilege  shall  be 
granted  for  an  indeterminate  period,  subject  always  to  the 
right  of  the  City  to  acquire  and  possess  the  property  of  the 
grantee  and  to  assign  its  right  to  acquire  and  possess  to  a 
third  person,  firm  or  corporation  as  in  Section  Eighty-two 
(82)  hereof  provided. 

As  amended  in  1917.  (Statutes  1917,  Chap.  17,  p.  1814.) 

Beginning  and  completion  of  work. 

Sec.  79.  Work  under  any  franchise  granted  in  accord- 
ance with  the  terms  of  this  article  shall  be  commenced  in 
good  faith  within  not  more  than  four  months  from  the 
date  of  the  final  passage  of  the  ordinance  granting  such 
franchise  and  if  not  so  commenced  within  said  time,  said 
franchise  shall  be  forfeited.  Work  under  any  franchise  so 
granted  shall  be  completed  within  the  time  fixed  for  such 
completion  in  the  ordinance  granting  such  franchise,  which 


66 


CHARTER  OF  THE  CITY  OF  BERKELEY 


time  shall  not  be  more  than  three  years  from  the  date  of 
the  final  passage  of  the  ordinance  granting  said  franchise, 
and  if  not  so  completed  within  said  time,  said  franchise 
shall  be  forfeited;  provided,  that  if  good  cause  be  shown, 
the  Council  may  by  resolution  extend  the  time  for  comple- 
tion thereof  not  exceeding  three  months. 

Service  and  accommodation. 

Sec.  80.  The  grant  of  every  franchise  or  privilege  shall 
be  subject  to  the  right  of  the  City,  whether  reserved  or  not, 
to  make  all  regulations  which  shall  be  necessary  to  secure 
in  the  most  ample  manner  the  safety,  welfare  and  accommo- 
dations of  the  public,  including  among  other  things  the  right 
to  pass  and  enforce  ordinances  to  protect  the  public  from 
danger  or  inconvenience  in  the  operation  of  any  work  or 
business  authorized  by  the  grant  of  the  franchise  and  the 
right  to  make  and  enforce  all  of  such  regulations  as  shall 
be  reasonably  necessary  to  secure  adequate,  sufficient  and 
proper  service  and  accommodations  for  the  people  and  insure 
their  comfort  and  convenience. 

Rates  and  charges. 

Sec.  8 1.  The  grant  of  every  franchise  or  privilege  shall 
be  subject  to  the  right  of  the  City,  whether  reserved  or 
not,  to  prescribe  and  regulate  the  rates,  fares,  rentals  or 
charges  made  for  the  service  rendered  under  such  franchise. 
The  grant  of  every  franchise  for  a street,  suburban  or  inter- 
urban  railroad  shall  provide  that  all  United  States  mail  car- 
riers and  all  officials,  policemen  and  firemen  of  the  City  shall 
at  all  times,  while  in  the  actual  discharge  of  their  duties,  be 
allowed  to  ride  on  the  cars  of  such  railroad  within  the  boun- 
daries of  the  City,  without  paying  therefor  and  with  all  the 
rights  of  other  passengers. 

Right  of  City  to  assume  ownership. 

Sec.  82.  Every  new  franchise,  permit  or  privilege  and 
every  re-settlement  franchise,  shall  be  granted  upon  the  ex- 
press condition  that  the  City  may,  at  a valuation  fixed  and 
determined,  as  hereinafter  provided,  either  assume  owner- 
ship by  purchase  and  take  over  to  itself  the  property  used 
and  useful  or  in  the  discretion  of  the  City  prospectively  useful 


CHARTER  OF  THE  CITY  OF  BERKELEY 


67 


of  the  franchise  grantee,  his  or  its  successors  or  assigns,  or 
assign  its  right  to  acquire  and  possess  said  property  to  a third 
person,  firm  or  corporation  upon  giving  said  grantee  six 
months’  written  notice  of  its  intention  to  so  purchase  and 
take  over  said  property,  which  written  notice  shall  be  given 
only  when  authorized  by  ordinance.  The  valuation  of  such 
property,  used  and  useful,  or  in  the  discretion  of  the  City 
prospectively  useful  and  owned  by  the  grantee  at  the  time 
application  is  made  for  said  new  franchise,  permit  or  privi- 
lege, or  for  said  re-settlement  franchise,  shall  be  fixed  by  the 
Railroad  Commission  of  the  State  of  California,  or  its  suc- 
cessor in  interest,  and  shall  be  set  forth  in  said  new  fran- 
chise, permit  or  privilege,  or  in  said  re-settlement  franchise, 
as  the  case  may  be.  To  this  value  shall  be  added  the  cost 
of  all  additions,  extensions  and  betterments  made  with  the 
approval  of  the  Board  of  Control ; and  from  this  value  shall 
be  deducted  the  value  of  property  sold  or  abandoned  and 
the  depreciation  to  be  determined  and  fixed  by  the  Board  of 
Control  in  accordance  with  the  provisions  of  the  franchise 
and  annually  charged  to  the  capital  value  of  said  property; 
and  the  valuation  to  which  said  additions  have  been  made 
and  from  which  such  deductions  have  been  made  shall  be  the 
valuation  upon  which  the  six  per  cent  interest  referred  to  in 
subdivision  three  (3)  of  section  seventy-seven  and  one-half 
(77J4),  and  in  subdivision  two  (2)  of  section  seventy-seven 
(77)  shall  be  computed,  and  shall  be  the  valuation  at  which 
said  property  may  be  acquired  by  the  City,  or  by  the  third 
person,  firm  or  corporation  to  which  such  right  is  assigned 
by  the  City. 

As  amended  in  1917.  (Statutes  1917,  Chap.  17,  p.  1814.) 

No  conveyance  necessary  for  City’s  ownership. 

Sec.  83.  Every  ordinance  granting  any  franchise  shall 
further  provide  that  upon  the  payment  by  the  City  of  a 
fair  valuation  in  the  manner  provided  in  the  ordinance,  the 
plant  and  property  of  the  grantee  shall  become  the  prop- 
erty of  the  City  by  virtue  of  the  grant  in  payment  there- 
under, and  without  the  execution  of  any  instrument  or 
conveyance.  Or  in  case  it  is  provided  in  the  ordinance 
granting  any  franchise  that  the  property  and  plant  of  the 


68 


CHARTER  OF  THE  CITY  OF  BERKELEY 


grantee  shall,  at  the  expiration  of  the  period  for  which  it 
was  granted,  become  the  property  of  the  City  without  any 
compensation  to  the  grantee,  the  property  and  plant  of  the 
grantee  shall  then  become  the  property  of  the  City  by  virtue 
of  the  grant  and  without  the  execution  of  any  instrument 
or  conveyance. 

Lease  or  assignment  of  franchise. 

Sec.  84.  Any  franchise  granted  by  the  City  shall  not  be 
leased,  assigned  or  otherwise  alienated  without  the  express 
consent  of  the  City,  and  no  dealings  with  a lessee  or  assignee 
on  the  part  of  the  City  to  require  the  performance  of  any 
act  or  payment  of  any  compensation  by  the  lessee  or  assignee 
shall  be  deemed  to  operate  as  such  consent;  provided,  that 
nothing'  herein  shall  be  construed  to  prevent  the  grantees  of 
such  franchise  from  including  it  in  a mortgage  or  trust  deed 
executed  for  the  purpose  of  obtaining  money  for  corporate 
objects. 

Street  sprinkling,  cleaning  and  paving. 

Sec.  85.  Every  grant  of  any  franchise,  permit  or  priv- 
ilege, in,  over,  under  or  along  any  streets,  highways,,  or 
public  places  in  the  City  for  railroad,  street  railway,  sub- 
urban or  interurban  railway  purposes,  shall  be  subject  to 
the  conditions  that  the  persons,  firm  or  corporation  exer- 
cising or  enjoying  the  same  shall  sprinkle,  plank  or  re- 
plank, pave  or  re-pave,  macadamize  or  re-macadamize  the 
entire  length  of  the  street,  highway,  or  other  public  place 
used  by  the  track  or  tracks  of  such  railroad  or  railway, 
and  between  the  rails,  and  for  two  feet  on  each  side  thereof, 
and  between  the  tracks,  if  there  be  more  than  one,  and  keep 
the  same  constantly  in  repair,  flush  with  the  street,  and 
with  good  crossings;  and  such  street  work  shall  be  done  with 
the  kind  of  materials  and  in  such  manner  as  the  Council 
may  by  ordinance  direct,  at  the  same  time  and  as  a part  of 
the  same  operation  as  the  work  on  the  remainder  in  width 
of  said  street,  highway  or  other  public  place,  to  the  satisfac- 
tion of  the  Superintendent  of  Streets;  provided,  however, 
that  when  in  the  opinion  of  the  Council  the  space  between 
the  rails  and  tracks  of  the  grantee  and  two  feet  on  each  side 
thereof  or  any  portion  of  the  same  is  not  required  for  pur- 


CHARTER  OF  THE  CITY  OF  BERKELEY 


69 


poses  other  than  railway  traffic,  the  same  need  not  be  paved 
in  like  manner  as  the  remainder  of  the  street  or  public  place, 
but  shall  be  treated  as  the  Council  may  direct. 

As  amended  in  1917.  (Statutes  1917,  Chap.  17,  p.  1814.) 

Examination  of  Company’s  books.  Audit. 

Sec.  86.  The  City  of  Berkeley,  by  its  Auditor,  Deputy 
Auditor,  or  accountants  authorized  by  the  Auditor,  or  by 
the  Council  shall  have  the  right  at  all  reasonable  times  to 
examine  all  the  books,  vouchers  and  records  of  any  person, 
firm  or  corporation  exercising  or  enjoying  any  franchise  or 
privilege  granted  by  the  City  for  the  purpose  of  verifying 
any  of  the  statements  of  gross  receipts  provided  for,  and 
for  any  other  purpose  whatsoever  connected  with  the  duties 
or  privileges  of  the  City  or  of  such  person,  firm  or  corpora- 
tion arising  from  this  Charter  or  from  the  ordinance  grant- 
ing the  franchise,  and  may  audit  the  same  at  the  end  of 
each  year. 

Annual  reports  of  company. 

Sec.  87.  Every  person,  firm  or  corporation  operating 
any  business  under  a franchise  granted  under  this  article 
shall  file  annually  with  the  City  Auditor  on  such  date  as 
shall  be  fixed  by  the  Council  a report  for  the  preceding  year. 

Such  report  shall  be  in  writing,  verified  by  the  affidavit 
of  such  person  or  persons,  or  officer  of  the  corporation,  as 
the  Council  shall  direct,  and  shall  contain  a statement,  in 
such  form  and  detail  as  shall  from  time  to  time  be  pre- 
scribed by  the  Council  of  all  the  gross  receipts  arising  from 
all  the  business  done  by  said  person,  firm  or  corporation 
within  the  City  of  Berkeley  for  the  year  immediately  pre- 
ceding, such  report.  Such  report  shall  contain  such  further 
statements  as  may  be  required  by  the  Council  concerning 
the  character  and  amount  of  business  done  and  the  amount 
of  receipts  and  expenses  connected  therewith,  and  also  the 
amount  expended  for  new  construction,  repairs  and  better- 
ments during  such  year. 

Payment  of  gross  receipts. 

Sec.  88.  The  stipulated  percentage  of  net  receipts  pro- 
vided in  this  Charter  to  be  paid  for  the  use  and  enjoyment 


70 


CHARTER  OF  THE  CITY  OF  BERKELEY 


of  any  franchise,  permit  or  privilege  shall  be  paid  annually 
at  the  time  of  filing  the  annual  report  provided  for  in  Sec- 
tion Eighty-seven  (87)  of  this  Charter  to  be  filed  by  per- 
sons, firms  or  corporations  holding  franchises,  permits  or 
privileges.  Failure  to  pay  such  percentage  shall  work  a 
forfeiture  of  the  franchise,  permit  or  privilege. 

As  amended  in  1917.  (Statutes  1917,  Chap.  17,  p.  1814.) 

Forfeiture  of  non-compliance. 

Sec.  89.  Every  ordinance  granting  any  franchise  or 
privilege  shall  provide  for  the  termination  and  forfeiture 
thereof  for  any  breach  or  failure  to  comply  with  any  of  the 
terms,  limitations  or  conditions  thereof,  and  in  all  such  cases 
the  Council  shall  have  power  to  declare  the  termination  and 
forfeiture  of  any  such  franchise  or  privilege,  the  same  as 
though  in  each  instance  such  power  was  expressly  reserved. 

Reservation  for  belt  lines. 

Sec.  90.  No  exclusive  right  or  privilege  shall  ever  be 
granted  by  the  City  or  Council  in,  to  or  upon  the  bed  of 
the  Bay  of  San  Francisco  beyond  the  line  of  mean  low  tide; 
nor  shall  any  structure  be  erected  thereon  so  as  to  prevent 
the  construction  and  operation  of  belt  lines  of  railroads 
along  the  waterfront;  and  any  franchise  or  permit  for  a 
railroad  track  in,  over  or  upon  the  bed  of  the  Bay  of  San 
Francisco  shall  be  subject  to  the  right  of  any  other  railroad 
or  railroad  company  to  use  the  same  upon  the  payment  of 
a reasonable  compensation  therefor. 

Franchise  not  in  use  forfeited. 

Sec.  91.  All  franchise  and  privileges  heretofore  granted 
by  the  City  which  are  not  in  ‘actual  use  or  enjoyment  or 
which  the  grantees  thereof  have  not  in  good  faith  com- 
menced to  exercise,  shall  be  declared  forfeited  and  invalid, 
unless  such  grantees  or  their  asissgns  shall,  within  six  months 
after  this  Charter  takes  effect,  in  good  faith  commence  the 
exercise  and  enjoyment  of  such  privilege  or  franchise. 

ARTICLE  XIII. 

THE  INITIATIVE 

Direct  legislation. 

Sec.  92  ( 1 ) Any  proposed  ordinance  may  be  submitted 


CHARTER  OF  THE  CITY  OF  BERKELEY 


71 


to  the  Council  by  a petition  signed  by  registered  electors 
of  the  City  equal  in  number  to  the  percentage  hereinafter 
required. 

Provisions  of  Section  5 apply. 

(2)  The  provisions  of  Section  5 of  Article  III  respect- 
ing the  forms  and  conditions  of  the  petition  and  the  mode 
of  verification  and  certification  and  filing  shall  be  substan- 
tially followed,  with  such  modifications  as  the  nature  of 
the  case  requires. 

Fifteen  per  cent  petition. 

(3)  If  the  petition  accompanying  the  proposed  ordi- 
nance be  signed  by  electors  equal  in  number  to  fifteen  per 
centum  of  the  entire  vote  cast  for  all  candidates  for  Mayor 
at  the  last  preceding  general  municipal  election  at  which  a 
Mayor  was  elected,  and  contain  a request  that  said  ordi- 
nance be  submitted  forthwith  to  the  vote  of  the  people  at 
a special  election,  then  the  Council  shall  either : 

(a)  Pass  said  ordinance  without  alteration  within  twenty 
days  after  the  attachment  of  the  Clerk’s  certificate  of  suf- 
ficiency to  the  accompanying  petition  (subject  to  a refer- 
endary vote,  under  the  provisions  of  Article  XIV  of  this 
Charter)  ; or, 

(b)  Within  twenty-five  days  after  the  Clerk  shall  have 
attached  to  the  petition  accompanying  such  ordinance  his 
certificate  of  sufficiency,  the  Council  shall  proceed  to  call  a 
special  election  at  which  said  ordinance  without  alteration 
shall  be  submitted  to  a vote  of  the  people. 

Five  per  cent  petition. 

(4)  If  the  petition  be  signed  by  electors  equal  in  num- 
ber to  at  least  five,  but  less  than  fifteen,  per  centum  of  the 
entire  vote  cast  for  all  candidates  for  Mayor  at  the  last 
preceding  general  municipal  election  at  which  a Mayor  was 
elected,  and  said  ordinance  be  not  passed  by  the  Council  as 
provided  in  the  preceding  subdivision,  then  such  ordinance, 
without  alteration,  shall  be  submitted  by  the  Council  to  a 
vote  of  the  people  at  the  next  general  municipal  election  that 
shall  occur  at  any  time  after  twenty  days  from  the  date  of 
the  Clerk’s  certificate  of  sufficiency  attached  to  the  petition 
accompanying  such  ordinance. 


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CHARTER  OF  THE  CITY  OF  BERKELEY 


Publication  of  Popular  Ordinance. 

(5)  Whenever  any  ordinance  or  proposition  is  required 
by  this  Charter  to  be  submitted  to  the  voters  of  the  City 
at  any  election  either  (a)  the  Council  shall  cause  the  ordi- 
nance or  proposition  to  be  printed  and  it  shall  be  the  duty 
of  the  Clerk  to  enclose  a printed  copy  thereof  in  an  envelope 
with  a sample  ballot  and  mail  the  same  to  each  voter,  at 
least  three  days  prior  to  the  election,  or  (b)  the  Council  may 
order  such  ordinance  or  proposition  to  be  printed  in  the 
official  newspaper  of  the  City  and  published  in  like  manner 
as  ordinances  adopted  by  the  Council  are  required  to  be 
published  and  may  order  that  such  publication  shall  take 
the  place  of  the  printing  and  mailing  of  the  ordinance  or 
proposition  and  of  the  sample  ballots  as  first  above  provided. 

Election. 

(6)  The  ballots  used  when  voting  upon  such  proposed 
ordinance  shall  contain  the  words,  “For  the  Ordinance” 
(setting  forth  in  full  the  title  thereof  and  stating  the  general 
nature  of  the  proposed  ordinance)  and  “Against  the  Ordi- 
nance,” (setting  forth  in  full  the  title  thereof  and  stating 
the  general  nature  of  the  proposed  ordinance.)  If  a ma- 
jority of  the  qualified  electors  voting  on  said  proposed  ordi- 
nance shall  vote  in  favor  thereof,  such  ordinance  shall  there- 
upon become  a valid  and  binding  ordinance  of  the  City. 

Several  ordinances  at  one  election. 

(7)  Any  number  of  proposed  ordinances  may  be  voted 
upon  at  the  same  election,  in  accordance  with  the  provisions 
of  this  article. 

Limit  to  special  elections. 

(8)  There  shall  not  be  held  under  this  article  of  the 
Charter  more  than  one  special  election  in  any  period  of  six 
months. 

Repeal  of  popular  ordinance. 

(9)  The  Council  may  submit  a proposition  for  the  re- 
peal of  any  such  ordinance,  or  for  amendments  thereto,  to 
be  voted  upon  at  any  succeeding  general  municipal  election; 
and  should  such  proposition,  so  submitted,  receive  a majority 


CHARTER  OF  THE  CITY  OF  BERKELEY 


73 


of  the  votes  cast  thereon  at  such  election,  such  ordinance 
shall  be  repealed  or  amended  accordingly.  An  ordinance 
proposed  by  petition,  or  adopted  by  a vote  of  the  people, 
cannot  be  repealed  or  amended  except  by  a vote  of  the  people. 

Further  regulations. 

(io)  The  Council  may,  by  ordinance,  make  such  further 
regulations  as  may  be  necessary  to  carry  out  the  provisions 
of  this  section,  and  to  adapt  the  provisions  of  Section  5 of 
Article  III  thereto. 


ARTICLE  XIV. 

THE  REFERENDUM 
Mode  of  protesting  against  ordinances. 

Sec.  93.  No  ordinance  passed*  by  the  Council  shall  go 
into  effect  before  thirty  days  from  the  time  of  its  final 
passage  except  when  otherwise  required  by  the  general  laws 
of  the  State  or  by  the  provisions  of  this  Charter  respecting 
street  improvements,  and  except  the  ordinance  making  the 
annual  tax  levy,  and  except  an  ordinance  for  the  immediate 
preservation  of  the  public  peace,  health  or  safety,  which  con- 
tains a statement  of  its  urgency,  and  is  passed  by  a seven- 
ninths  (7-9)  vote  of  the  Council;  provided,  that  no  grant 
of  any  franchise  shall  be  construed  to  be  an  urgency  measure, 
but  all  franchises  shall  be  subject  to  the  referendum  vote 
herein  provided.  If  during  said  thirty  days  a petition  signed 
by  qualified  electors  of  the  City  equal  in  number  to  at  least 
ten  per  centum  of  the  entire  vote  cast  for  all  candidates  for 
Mayor  at  the  last  preceding  general  municipal  election  at 
which  a Mayor  was  elected,  protesting  against  the  passage 
of  such  ordinance,  be  presented  to  the  Council,  the  same 
shall  thereupon  be  suspended  from  going  into  operation  and 
it  shall  be  the  duty  of  the  Council  to  reconsider  such  ordi- 
nance, and  if  the  same  be  not  entirely  repealed,  the  Council 
shall  submit  the  ordinance,  as  is  provided  in  Article  XIII 
of  this  Charter,  to  the  vote  of  the  electors  of  the  City,  either 
at  the  next  general  municipal  election  or  at  a special  election 
to  be  called  for  that  purpose,  and  such  ordinance  shall  not 
go  into  effect  or  become  operative  unless  a majority  of  the 
qualified  electors  voting  on  the  same  shall  vote  in  favor 


74 


CHARTER  OF  THE  CITY  OF  BERKELEY 


thereof.  The  provisions  of  Section  5 of  Article  III  respect- 
ing the  forms  and  conditions  of  the  petition  and  the  mode 
of  verification  and  certification  and  filing  shall  be  substantially 
followed,  with  such  modifications  as  the  nature  of  the  case 
requires. 

Reference  of  measures  to  popular  vote. 

Sec.  94.  Any  ordinance  or  measure  that  the  Council  or 
the  qualified  voters  of  the  City  shall  have  authority  to  enact, 
the  Council  may  of  its  own  motion  submit  to  the  electors 
for  adoption  or  rejection  at  a general  or  special  municipal 
election,  in  the  same  manner  and  with  the  same  force  and 
effect  as  is  provided  in  this  Charter  for  ordinances  or 
measures  submitted  on  petition.  At  any  special  election 
called  under  the  provisions  of  this  Charter,  there  shall  be 
no  bar  to  the  submission  of  other  questions  to  a vote  of  the 
electors  in  addition  to  the  ordinances  or  measures  herein 
•provided  for,  if  said  other  questions  are  such  as  may  legally 
be  submitted  at  such  election.  If  the  provisions  of  two  or 
more  measures  approved  or  adopted  at  the  same  election 
conflict  then  the  measure  receiving  the  highest  affirmative 
vote  shall  control. 

Further  regulations. 

Sec.  95.  The  Council  may,  by  ordinance,  make  such 
further  regulations  as  may  be  necessary  to  carry  out  the 
provisions  of  this  article,  and  to  adapt  the  provisions  of 
Section  5 of  Article  III  thereto. 

ARTICLE  XV. 

THE  PUBLIC  SCHOOLS 
The  Board  of  Education. 

Sec.  96.  The  Board  of  Education  shall  have  entire  con- 
trol and  management  of  the  public  schools  in  the  City  in 
accordance  with  the  Constitution  and  general  laws  of  the 
State,  and  is  hereby  vested  with  all  the  powers  and  charged 
with  all  the  duties  provided  by  this  Charter  and  by  the 
general  laws  of  the  State  for  City  Boards  of  Education. 

President  of  the  Board. 

Sec.  97.  The  Board  of  Education  shall  annually  elect 


CHARTER  OF  THE  CITY  OF  BERKELEY 


75 


one  of  its  own  members  to  be  President  of  the  Board.  He 
may  be  removed  by  the  affirmative  vote  of  four  members. 
The  President  shall  have  no  other  vote  than  his  vote  as 
member  of  the  Board. 

Meetings. 

Sec.  98.  The  Board  of  Education  shall  meet  at  such 
times  as  may  be  designated  by  resolution  of  said  Board 
and  in  the  place  provided  therefo;*  by  the  Council.  The 
Board  shall  provide  the  manner  in  which  special  meetings 
shall  be  called. 

Quorum. 

Sec.  99.  Three  members  of  the  Board  shall  constitute  a 
quorum,  and  the  affirmative  votes  of  three  members  shall 
be  necessary  to  pass  any  measure,  but  a less  number  than 
three  may  adjourn  from  day  to  day  and  compel  the  attend- 
ance of  absent  members  in  such  manner  as  the  Board  may 
prescribe. 

Rules  of  proceedings. 

Sec.  100.  The  Board  of  Education  may  determine  the  . 
rules  of  its  proceedings. 

Meetings  to  be  public. 

Sec.  1 01.  All  meetings  of  the  Board  of  Education  shall 
be  public. 

Superintendent  of  Schools. 

Sec.  102.  The  Board  of  Education  shall  appoint  a Super- 
intendent of  Schools  and  fix  his  compensation. 

Powers  and  duties  of  the  Superintendent. 

Sec.  103.  The  Superintendent  of  Schools  shall  be  the 
executive  officer  of  the  Board  of  Education  and  he  shall 
give  his  full  time  to  the  duties  of  . his  office.  He  shall  be 
subject  only  to  the  Board  of  Education  and  all  orders  of 
the  Board  relating  to  the  direction  of  the  principals,  teach- 
ers, and  janitors  shall  be  given  through  him.  He  must 
examine  all  plans  for  the  construction  or  reconstruction  of 
school  buildings  and  report  in  writing  to  the  Board  any 
objections  he  may  find  thereto.  He  shall  have  supervision 


76 


CHARTER  OF  THE  CITY  OF  BERKELEY 


of  the  course  of  instruction  and  of  the  discipline  and  con- 
duct of  the  schools.  He,  or  a Deputy  Superintendent,  may 
be  required  to  act  as  Secretary  of  the  Board  of  Education. 

Powers  of  Superintendent  with  reference  to  teachers. 

Sec.  104.  The  Superintendent  of  Schools  shall  nominate 
and  recommend  all  teachers  and  principals  for  election  by 
the  Board  of  Education.  He  shall  assign  all  teachers  and 
principals  and  make  all  transfers  necessary  to  the  success- 
ful operation  of  the  schools. 

Election  of  teachers. 

Sec.  105.  The  Board  of  Education  shall  elect  all  teach- 
ers, but  only  from  a list  of  candidates  nominated  and  rec- 
ommended by  the  Superintendent  of  Schools.  The  Board 
of  Education  may  make  rules  in  accordance  with  which 
the  Superintendent  must  make  such  nominations  and  rec- 
ommendations. 

Tenure  of  teachers. 

Sec.  106.  For  the  first  two  years  of  their  service  in  the 
School  Department  of  the  City,  teachers  shall  be  subject 
to  annual  election.  After  two  years’  service  they  shall  be 
elected  for  a term  of  three  years. 

School  warrants. 

Sec.  107.  Every  claim  payable  out  of  the  School  Fund 
shall  be  filed  with  the  Secretary  of  the  Board  of  Education, 
and  after  it  shall  have  been  approved  by  the  Board  a certifi- 
cate of  such  approval  shall  be  endorsed  thereon,  signed  by 
the  President  and  Secretary,  and  a warrant  upon  the  School 
Fund  shall  be  issued  thereon  for  the  payment  of  such  claim. 
Said  warrant  shall  be  signed  by  the  President  and  counter- 
signed by  the  Secretary  and  shall  specify  the  purpose  for 
which  it  is  drawn  and  receive  the  approval  of  the  Auditor  as 
provided  in  Section  61. 

Annual  estimate  of  expenses. 

Sec.  108.  The  Board  of  Education  shall  annually,  on 
such  date  as  shall  be  fixed  by  the  Council,  submit  in  writing 
to  the  Council  a careful  estimate  of  the  whole  amount  of 
money  to  be  received  from  the  State  and  County  for  the 


CHARTER  OF  THE  CITY  OF  BERKELEY 


77 


support  of  the  public  schools  in  the  City,  together  with  a 
careful  estimate  of  the  amounts,  specifying  in  detail  the 
objects  thereof,  required  from  the  City  for  the  adequate 
support  of  the  public  schools  for  the  ensuing  year.  The 
amount  estimated  to  be  required  from  the  City  shall,  subject 
to  the  provisions  of  this  Charter,  be  assessed  and  collected 
in  the  annual  tax  levy.  The  proceeds  of  such  tax  shall  be 
immediately  paid  into  the  School  Fund  of  the  City,  to  be 
drawn  out  only  upon  the  order  of  the  Board  of  Education. 

ARTICLE  XVI. 

MISCELLANEOUS 
When  this  Charter  takes  effect. 

Sec.  109.  For  the  purpose  of  nominating  candidates  and 
electing  Mayor,  Auditor,  Councilmen  and  School  Directors 
in  accordance  with  this  Charter,  this  Charter  shall  take 
effect  from  the  time  of  the  approval  of  the  same  by  the 
Legislature;  for  all  other  purposes  it  shall  take  effect  on 
the  first  day  of  July,  1909. 

First  election  under  this  Charter. 

Sec.  no.  The  Board  of  Trustees  of  the  Town  of  Berke- 
ley in  office  at  the  time  this  Charter  is  approved  by  the 
Legislature  shall  provide  for  the  holding  of  the  first  elec- 
tion of  officers  under  this  Charter,  shall  canvass  the  votes, 
declare  the  result  and  approve  the  bonds  of  all  officers  elected 
at  such  elections. 

Terms  of  incumbents  in  office. 

Sec.  in.  The  members  of  the  Board  of  Trustees,  the 
Auditor,  and  the  members  of  the  Board  of  Education  in 
office  at  the  time  of  the  approval  of  this  Charter  by  the 
Legislature  shall  continue  to  hold  office  and  discharge  their 
duties  until  the  election  and  qualification  of  the  Mayor, 
Auditor,  Counciimen  and  School  Directors,  respectively, 
first  elected  under  this  Charter. 

The  term  of  each  of  all  the  other  officers  in  office  at  the 
time  this  Charter  takes  effect  shall  cease  and  terminate 
when  the  Council  first  elected  hereunder  shall  by  resolution 
so  declare. 


78 


CHARTER  OF  THE  CITY  OF  BERKELEY 


Existing  ordinances  continued;  in  force. 

Sec.  1 12.  All  lawful  City  ordinances,  resolutions  and 
regulations  in  force  at  the  time  this  Charter  takes  effect  and 
not  inconsistent  with  the  provisions  thereof  are  hereby  con- 
tinued in  force  until  the  same  shall  be  duly  amended  or 
repealed. 

Conduct  of  legal  proceedings. 

Sec.  1 13.  The  City  Attorney  shall  prosecute,  in  behalf 
of  the  people,  all  criminal  cases  arising  from  violations  of 
the  provisions  of  this  Charter  and  the  ordinances  of  the 
City,  and  shall  attend  to  all  suits  and  proceedings  in  which 
the  City  may  be  legally  interested;  provided,  the  Council 
shall  have  control  of  all  litigation  of  the  City  and  may 
employ  other  attorneys  to  take  charge  of  any  litigation  or 
to  assist  the  City  Attorney  therein. 

Violation  of  Charter  and  ordinances. 

Sec.  1 14.  The  violation  of  any  provision  of  this  Charter 
or  of  any  ordinance  of  the  City  shall  be  deemed  a misde- 
meanor, and  may  be  prosecuted  by  the  authorities  of  the 
City  in  the  name  of  the  people  of  the  State  of  California, 
or  may  be  redressed  by  civil  action,  at  the  option  of  said 
authorities.  Any  person  sentenced  to  imprisonment  for  the 
violation  of  a provision  of  this  Charter  or  of  an  ordinance 
may  be  imprisoned  in  the  City  jail,  or,  if  the  Council  by 
ordinance  shall  so  prescribe,  in  the  county  jail  of  the  county 
in  which  the  City  of  Berkeley  is  situated,  in  which  case  the 
expense  of  such  imprisonment  shall  be  a charge  in  favor  of 
such  county  against  the  City  of  Berkeley. 

Municipal  affairs. 

Sec.  1 15.  The  City  of  Berkeley  shall  have  the  right  and 
power  to  make  and  enforce  all  laws  and  regulations  in 
respect  to  municipal  affairs,  subject  only  to  the  restrictions 
and  limitations  provided  in  this  Charter;  provided,  however, 
that  nothing  herein  shall  be  construed  to  prevent  or  restrict 
the  City  from  exercising  or  consenting  to,  and  the  City  is 
hereby  authorized  to  exercise,  any  and  all  rights,  powers  and 
privileges  heretofore  or  hereafter  granted  or  prescribed  by 
general  laws  of  the  State. 

As  amended  1921.  (Statutes  1921,  Chap.  16.) 


CHARTER  OF  THE  CITY  OF  BERKELEY 


79 


Putting  City  Manager  System  Into  Effect. 

Sec.  1 1 6.  Charter  Amendment  No.  I,  providing  for  the 
City  Manager  System  of  Municipal  Government  by  amend- 
ing Sections  8,  14,  15,  17,  18,  19  and  20  of  Article  V,  Sec- 
tions 21  and  24  of  Article  VI,  Sections  27,  28,  30,  31,  32, 
33,  34  and  35  of  Article  VII,  Subsection  3 of  Section  44 
of  Article  VIII,  Subsection  44  of  Section  49  of  Article 
IX,  Sections  52,  53,  54,  55  and  61  of  Article  X,  and  Sec- 
tion 93  of  Article  XIV  of  the  Charter  of  the  City  of  Berke- 
ley, California,  repealing  Sections  23,  25  and  26  of  Article 
VI,  Section  29  of  Article  VII,  and  Section  45  of  Article 
VIII,  and  all  portions  of  said  Charter  in  conflict  with  said 
Amendment  No.  1,  and  adding  to  Article  XVI  of  said  Charter 
a new  section  to  be  numbered  116,  which  shall,  for  the  pur- 
pose of  nominating  candidates  and  electing  Mayor,  Auditor 
and  Councilmen,  take  effect  from  the  time  of  the  approval  of 
the  same  by  the  Legislature  ; for  all  other  purposes  it  shall 
take  effect  on  the  first  day  of  July,  1923. 

The  terms  of  office  of  Mayor,  Auditor  and  Councilmen 
holding  office  at  the  time  of  the  approval  of  Amendment 
No.  1 by  the  Legislature  shall  end  at  12  o’clock  noon,  on 
the  first  day  of  July,  1923,  and  the  terms  of  office  of  the 
Mayor,  Auditor  and  Councilmen  elected  in  pursuance  of 
Amendment  No.  I shall  commence  at  12  o’clock  noon  on  the 
first  day  of  July,  1923,  provided,  that  the  aforesaid  officers 
in  office  at  the  time  of  the  approval  of  Amendment  No.  I by 
the  Legislature  shall  continue  to  hold  office  and  discharge 
their  duties  until  the  election  and  qualification  of  their  suc- 
cessors; provided  further,  that  the  members  of  the  first  Coun- 
cil elected  under  this  amendment  shall  have  the  power  and  it 
shall  be  their  duty  within  five  days  of  the  certification  of 
their  election  to  qualify  and  organize  for  the  sole  purpose 
of  electing  a City  Manager,  as  provided  in  this  amendment, 
and  the  said  Council  shall,  if  practicable,  elect  a City  Man- 
ager prior  to  the  first  day  of  July  following  their  election, 
whose  active  service  shall  begin  at  12  o’clock  on  that  day, 
at  the  same  time  as  their  own.  They  shall  be  entitled  to  no 
compensation  for  services  rendered  prior  to  July  1,  1923. 


80 


CHARTER  OF  THE  CITY  OF  BERKELEY 


CERTIFICATE 

Wheieas,  The  Town  of  Berkeley,  a city  containing  a 
population  of  more  than  ten  thousand  and  less  than  one 
hundred  thousand  inhabitants,  on  the  twenty-first  day  of 
November,  nineteen  hundred  and  eight,  at  a special  elec- 
tion, and  under  and  in  accordance  with  the  provisions  of 
section  eight,  article  eleven  of  the  Constitution  of  the  State 
of  California,  did  elect  R.  A.  Berry,  C.  A.  Blank,  J.  W. 
Flinn,  F.  W.  Foss,  John  M.  Foy,  Beverly  L.  Hodghead, 
Christian  Hoff,  William  Carey  Jones,  E.  E.  Newton,  J.  T. 
Renas,  J.  W.  Richards,  J.  T.  Short,  J.  L.  Tisdale,  Benjamin 
Ide  Wheeler  and  S.  N.  Wyckofif  a Board  of  Fifteen  Free- 
holders to  prepare  and  propose  a Charter  for  said  city ; 

BE  IT  KNOWN,  That  in  pursuance  of  said  provision  of 
the  Constitution  and  within  a period  of  ninety  days  after  said 
election,  said  Board  of  Freeholders  has  prepared  and  does 
propose  the  foregoing  as  and  for  the  Charter  of  the  City  of 
Berkeley,  and  that  in  submitting  and  proposing  such  Charter, 
the  Board  of  Freeholders,  pursuant  to  said  provision  of  the 
Constitution,  also  presents  therewith  for  the  choice  of  the 
voters,  and  to  be  voted  on  separately,  without  prejudice  to 
the  other  provisions  contained  in  the  Charter,  an  alternative 
proposition  hereinafter  stated. 

Said  alternative  proposition  shall,  if  approved  by  the 
voters,  take  the  place  of  subdivision, 29  of  Section  49,  Article 
IX  of  the  proposed  Charter,  which  reads  as  follows:  “To 

license  for  purposes  of  regulation  and  revenue  all  and  every 
kind  of  business  not  prohibited  by  law  to  be  transacted  or 
carried  on  in  the  City ; to  fix  the  rates  of  licenses  upon  the 
same,  and  to  provide  for  the  collection  thereof  by  suit  or 
otherwise.” 

Said  alternative  proposition  shall  be  submitted  to  the 
voters  for  their  approval  or  rejection  at  the  same  election 
at  which  the  Charter  shall  be  submitted,  and  upon  the  ballots 
shall  be  printed : “Shall  the  alternative  proposition,  pro- 

hibiting the  sale  of  liquor,  take  the  place  of  subdivision  29, 
Section  49,  Article  IX  ?” 

Said  alternative  proposition  is  as  follows : 


CHARTER  OF  THE  CITY  OF  BERKELEY 


81 


ALTERNATIVE  PROPOSITION 

(29)  To  license  for  purposes  of  regulation  and  revenue 
all  and  every  kind  of  business  not  prohibited  by  law  to  be 
transacted  or  carried  on  in  the  City;  to  fix  the  rates  of 
licenses  upon  the  same,  and  to  provide  for  the  collection 
thereof  by  suit  or  otherwise;  provided,  however,  that  the 
Council  shall  have  no  power  to  license  the  sale  of  any 
spirituous,  malt,  vinous  or  alcoholic  liquors;  and  every  per- 
son who,  within  the  boundaries  of  the  City  of  Berkeley, 
sells,  barters,  gives  away  or  exposes  for  sale  any  such  liquors, 
shall  be  deemed  guilty  of  a misdemeanor.  Nothing  in  this 
section  shall  prevent  the  Council  from  regulating  the  sale 
of  such  liquors  by  a regularly  licensed  druggist  for  medicinal 
purposes  upon  the  written  prescription  of  a practicing  physi- 
cian entitled  to  practice  medicine  under  the  laws  of  the  State 
of  California,  or  the  sale  of  such  liquors  for  chemical,  me- 
chanical or  scientific  purposes. 

IN  WITNESS  WHEREOF,  we  have  hereunto  set  our 
hands  in  duplicate  this  fourteenth  day  of  December,  one 
thousand  nine  hundred  and  eight. 

WM.  CAREY  JONES,  President; 

R.  A.  BERRY 
C.  A.  BLANK 
F.  W.  FOSS 
JOHN  M.  FOY 
BEVERLY  L.  HODGHEAD 
C.  HOFF 

E.  E.  NEWTON 
J.  T.  RENAS 
J.  W.  RICHARDS 
J.  T.  SHORT 
J.  L.  TISDALE 
BENJ.  IDE  WHEELER 

S.  N.  WYCKOFF 

Attest 

J.  W.  FLINN,  Secretary. 

State  of  California 

County  of  Alameda,  Town  of  Berkeley. 

I,  Francis  Ferrier,  President  of  the  Board  of  Trustees  of 


82 


CHARTER  OF  THE  CITY  OF  BERKELEY 


the  Town  of  Berkeley,  State  of  California,  do  hereby  cer- 
tify that  the  Board  of  Freeholders,  whose  names  appear 
signed  to  the  foregoing  proposed  Charter,  were  on  the  21st 
day  of  November,  1908,  at  a special  municipal  election  held 
in  said  town  of  Berkeley  on  said  day,  duly  elected  by  the 
qualified  electors  of  said  town  to  prepare  and  propose  a 
charter  for  said  town;  that  each  of  said  freeholders  has 
been  a qualified  elector  and  freeholder  in  said  town  for 
more  than  five  (5)  years  previous  to  said  election;  that  the 
foregoing  is  a true  copy  of  said  Charter  prepared  and 
returned  to  me  as  President  of  said  Board  of  Trustees 
within  ninety  (90)  days  after  said  election,  as  required  by 
Section  8 of  Article  XI  of  the  Constitution  of  this  State; 
that  said  proposed  charter  was  then  published  in  the  “Berke- 
ley Reporter”  and  in  “The  Berkeley  Independent,”  which 
then  were  daily  newspapers  of  general  circulation  in  said 
town,  and  that  publication  was  made  for  more  than  twenty 
(20)  days,  and  that  the  first  publication  of  said  proposed 
Charter  was  made  within  twenty  (20)  days  after  the  com- 
pletion of  said  Charter;  that  within  thirty  (30)  days  after 
the  publication  of  said  Charter,  as  required  in  said  Section 
8,  to-wit,  on  the  30th  day  of  January,  1909,  said  Charter 
was  submitted  at  a special  election  duly  called  and  held 
therein  for  the  purpose  of  ratifying  or  rejecting  said  pro- 
posed Charter  and  the  alternative  proposition  submitted 
therewith;  that  by  a majority  of  the  votes  of  the  qualified 
electors  voting  at  said  election  said  proposed  Charter  was 
ratified  as  a whole,  excepting  that  the  alternative  proposition 
therein  contained,  being  separately  voted  on,  was  ratified 
by  a majority  of  such  votes  and  was  thereafter  chosen  and 
substituted  for  subdivision  29  of  Section  49  of  Article  IX 
of  said  proposed  Charter;  that  the  returns  of  said  election 
were  duly  canvassed  by  the  Board  of  Trustees  of  said  Town 
of  Berkeley  on  the  3rd  day  of  February,  1909,  and  the  result 
thereof  declared  as  above  set  forth ; and  that  in  all  matters 
and  things  pertaining  to  said  proposed  Charter,  all  provisions 
of  said  section  of  the  Constitution  and  laws  of  the  State  of 
California  pertaining  to  the  adoption  of  the  Charter  have 
been  fully  complied  with  in  every  particular. 


CHARTER  OF  THE  CITY  OF  BERKELEY 


83 


IN  WITNESS  WHEREOF,  I have  hereunto  set  my 
hand  and  caused  the  corporate  seal  of  said  Town  of  Berke- 
ley to  be  affixed  this  3rd  day  of  February,  1909. 

FRANCIS  FERRIER, 

(Seal)  President  of  the  Board  of  Trustees  of 

the  Town  of  Berkeley. 

Attest:  J.  V.  MENDENHALL, 

Town  Clerk  of  said  Town  of  Berkeley 

Chapter  17.  Assembly  Concurrent  Resolution  No.  10. 
Approving  the  Charter  of  the  Town  of  Berkeley,  State  of 
California,  and  the  alternative  proposition  submitted  there- 
with, voted  for  and  ratified  by  the  qualified  electors  of  said 
town  at  a special  municipal  election  held  therein  for  the 
purpose  on  the  30th  day  of  January,  1909. 

Whereas,  the  Town  of  Berkeley,  a municipal  corpora- 
tion of  the  County  of  Alameda,  State  of  California,  now  is 
and  was  at  all  times  herein  referred  to  a city  containing  a 
population  of  more  than  ten  thousand  (10,000)  inhabitants; 
and 

Whereas,  at  a special  election  duly  held  in  said  town  on 
the  2 1 st  day  of  November,  1908,  under  and  in  accordance 
with  law  and  the  provisions  of  Section  8 of  Article  XI,  of 
the  Constitution  of  the  State  of  California,  a Board  of  Fif- 
teen Freeholders,  duly  qualified  was  elected  in  and  by  said 
Town  by  the  qualified  electors  thereof  to  prepare  and  pro- 
pose a charter  for  the  government  of  said  town ; and 

Whereas,  said  Board  of  Freeholders  did  within  ninety 
(90)  days  after  said  election  prepare  and  propose  a Char- 
ter for  the  government  of  said  Town  of  Berkeley;  and 

Whereas,  said  Charter  was  on  the  14th  day  of  Decem- 
ber, 1908,  signed  in  duplicate  by  the  members  of  said  Board 
of  Freeholders  and  was  thereupon  duly  returned  and  filed, 
one  copy  with  the  President  of  the  Board  of  Trustees  of 
said  Town  of  Berkeley  and  the  other  copy  with  the  County 
Recorder  of  said  County  of  Alameda  and  filed  in  the  office 
of  said  Recorder  ; and 

Whereas,  said  proposed  Charter  was  thereafter  published 
in  the  “Berkeley  Reporter”  and  in  “The  Berkeley  Inde- 
pendent,” each  being  a newspaper  of  general  circulation  in 


84 


CHARTER  OF  THE  CITY  OF  BERKELEY 


said  Town  of  Berkeley,  and  said  Charter  being  published 
as  aforesaid  for  a period  of  more  than  twenty  (20)  days, 
the  first  publication  thereof  being  made  within  twenty  (20) 
days  after  the  completion  of  said  Charter;  and 

Whereas,  said  proposed  Charter  was  within  thirty  (30) 
days  after  the  completion  of  said  publication  submitted 
by  the  Board  of  Trustees  of  the  Town  of  Berkeley  to  the 
qualified  electors  of  said  Town  of  Berkeley  at  a special 
election  previously  duly  called  and  therein  held  on  the  30th 
day  of  January,  1909;  and 

Whereas,  at  said  last  mentioned  special  election,  a ma- 
jority of  said  qualified  electors  of  said  Town  of  Berkeley, 
voting  at  said  special  election  voted  in  fa'vor  of  the  ratifi- 
cation of  said  Charter  as  proposed  as  a whole,  excepting 
that  a majority  of  said  qualified  electors  voting  at  said 
election  voted  in  favor  of  the  ratification  of  the  alternative 
proposition,  which  alternative  proposition  was  thereafter 
chosen  and  substituted  for  subdivision  29  of  Section  49, 
Article  IX  of  said  proposed  Charter;  and 

Whereas,  said  Board  of  Trustees  after  canvassing  said 
returns  found  and  decided  that  the  majority  of  said  quali- 
fied electors  voting  at  said  special  election  had  voted  for 
ratifying  said  Charter  as  above  specified;  and 

Whereas,  the  same  is  now  submitted  to  the  Legislature 
of  the  State  of  California,  for  its  approval  and  for  ratifica- 
tion as  a whole  without  power  of  alteration  or  amendment 
in  accordance  with  Section  8 of  Article  XI  of  the  Consti- 
tution of  the  State  of  California;  and 

Whereas,  said  Charter  was  ratified  in  the  words'  and 
figures  following,  to-wit : (Then  follows  the  context  of 

Charter,  as  hereinbefore  set  forth). 

And,  whereas,  said  proposed  Charter,  with  said  alterna- 
tive proposition  so  ratified,  has  been  duly  presented  and 
submitted  to  the  Legislature  of  the  State  of  California,  for 
approval  or  rejection,  without  power  of  alteration  or  amend- 
ment, in  accordance  with  Section  8 of  Article  XI  of  the 
Constitution  of  the  State  of  California ; 

Now,  therefore,  be  it 

RESOLVED  BY  THE  ASSEMBLY  OF  THE  STATE 


CHARTER  OF  THE  CITY  OF  BERKELEY 


85 


OF  CALIFORNIA,  THE  SENATE  THEREOF  CON- 
CURRING (a  majority  of  all  members  elected  to  each 
house  voting  for  the  adoption  of  this  resolution  and  con- 
curring therein)  that  said  Charter  of  the  Town  of  Berke- 
ley, including  said  alternative  proposition,  as  presented  to, 
adopted  and  ratified  by  the  qualified  electors  of  said  town, 
be,  and  the  same  is  hereby,  approved  as  a whole  as  and 
for  the  Charter  of  the  said  Town  of  Berkeley. 

P.  A.  STANTON, 

Speaker  of  the  Assembly. 

W.  R.  PORTER, 

President  of  the  Senate. 

Attest : C.  F:  CURRY, 

Secretary  of  State. 

Endorsed  and  filed  in  the  office  of  Secretary  of  State,  thp 
fourth  day  of  March,  A.  D.  1909,  at  10:50  a.  m. 

C.  F.  CURRY, 

Secretary  of  State. 

J.  HOESCH, 

Deputy. 

State  of  California, 

County  of  Alameda,  Town  of  Berkeley. 

I,  Francis  Ferrier,  President  of  the  Board  of  Trustees; 
and  chief  executive  officer  of  the  Town  of  Berkeley,  County 
of  Alameda,  State  of  California,  hereby  certify  that  the 
foregoing  is  what  is  proposed  to  be  a copy  of  the  Charter 
of  the  City  of  Berkeley  which  was  delivered  to  me  as  stated 
in  the  preamble  attached  hereto,  the  same  as  required  in 
Section  8 of  Article  XI  of  the  Constitution  of  the  State  of 
California,  that  the  statements  contained  in  said  preamble  and 
in  the  certificate  attached  to  and  following  said  Charter  are 
true ; that  the  said  Charter  has  been  submitted  to  the  electors 
of  the  Town  of  Berkeley  and  has  been  ratified  by  them  and 
that  said  Charter  has  been  approved  by  the  Legislature  of 
the  State  of  California. 


86 


CHARTER  OF  THE  CITY  OF  BERKELEY 


IN  WITNESS  WHEREOF,  I have  hereunto  set  my 
hand  and  caused  the  corporate  seal  of  said  Town  of  Berke- 
ley to  be  affixed  this  eleventh  day  of  March,  1909. 

FRANCIS  FERRIER, 
President  of  the  Board  of  Trustees  of 
The  Town  of  Berkeley. 

Attest:  J.  V.  MENDENHALL, 

Town  Clerk  of  said  Town  of  Berkeley. 

(SEAL) 

M 2947 
BCT,  Indexed 

Recorded  at  the  request  of  the  Town  of  Berkeley  at  35 
minutes  past  two  p.  m.,  March  11,  1909,  in  liber  36,  page 
1 13,  Miscellaneous  Records  of  Alameda  County. 

A.  K.  GRIM, 

County  Recorder. 


INDEX  I. 


A.  Page 

Additional  Powers — 

Council  has  general  powers 47 

Advertising  for  Bids — 

For  public  works 1 54 

Amendments  to  Ordinances 32 

Annual  Appropriation  Ordinance — 

Six  votes  to  amend 49 

Annual  Estimate  of  City’s  Requirements  and  Revenues — 

City  Manager  shall  submit  to  Council 48 

Date  for  submission  to  Council...- _ ...  40 

Annual  Estimate  of  Expenses — 

For  schools 76 

Apartment  Houses — 

Council  may  regulate 41 

Appointments — 

Made  by  City  Manager „.  27 

Appropriation  Ordinance — 

Six  votes  to  amend „ w - 49 

Appropriations- — 

Must  be  made  by  ordinance 32 

Temporary,  pending  passage  of  annual  ordinance 49 

Assessments — 

Board  of  Equalization 50 

Assessment  of  Taxes — 

Council  shall  provide  system 48 

Auditing  City’s  Books - 25 

Auditor — 

Bond  - 23 

Elected  at  large 21 

Elective  officer ... 21 

Eligibility  . 21 

Salary  24 

Shall  certify  assessment  roll 50 

Term  of  office 22 

Vacancy  - 21 

Auditor,  Duties  of — 

May  examine  witness  under  oath 52 

May  require  oath  as  to  validity  of  claims... * 52 

No  suit  to  be  brought  unless  claim  is  rejected ,_I 52 

Payment  by  means  of  warrants 1 52 

Payment  to  be  made  on  vouchers - 52 

Shall  examine  all  payrolls,  bills,  etc....* 52 

Shall  not  pay  fraudulent  claims — * 52 

To  extend  assessment  roll 50 

B. 

Ballots — 

Arrangement  of  offices  to  be  filled u...  16 

Blank  for  writing  in  names - 16 

Counting  - +. 17 

Every  nominee  to  be  on 16 

Form  of - 15 


II. 


INDEX 


Ballots — (Cont’d)  Page 

Requirements  of 16 

Sample  17 

Space  for  voting  (x) ; 16 

Belt  Lines — 

Reservation  of  water  front 70 

Bequests — 

City  may  accept.— .... * 35 

Bidders — 

Collusion  by  bidders 56 

Bids — 

For  advertising 54 

For  electric  lighting : 55 

For  public  works 54 

Billboards  and  Signs — 

Council  may  regulate 39 

Board  of  Education — 

Elects  teachers 76 

Meetings  75 

Quorum  75 

Powers  74 

Powers  and  duties  of  Superintendent.— 75 

President  of  Board : 74 

Rules  of  proceedings - ... 75 

Superintendent  of  Schools 75 

Board  of  Equalization — 

Council  to  appoint 50 

Time  of  meeting 50 

Bond  Tax ., 51 

Bonds — 

Appointive  officers 23 

Elective  officers.... 23 

State  laws  must  be  followed 35 

When  filed * .«. 23 

Borrow  Money  by  Bonding  City ...  35 

Boulevards — 

Power  to  establish *. 44 

No  street  car  line  upon 44 

Boundaries  6-7-8-9-10 

Budget  - 49 

Budget,  Tentative — 

City  Manager  shall  submit  to  Council ...  48 

Prepared  by  City  Manager 27 

What  it  shall  include - 48 

Building  Regulations — 

Council  may  prescribe 37 

C. 

Candidates — 

Failure  to  qualify  after  election 18 

Withdrawal  of r 1'4 

Cash  Basis  Fund - 51 

Charities  Commission — 

Council  may  establish  commission  and  appoint  commissioners  47 


INDEX 


III. 


Charter — Page 

Contents  of.... - - 5 

Effective  date - 77 

Effective  date  of  City  Manager  amendments ~... . 79 

Publication  j. * 33 

Chief  Officials — 

List  of .. 28 

City  Attorney — 

Duties  - 78 

City  Clerk — 

To  act  as  Clerk  of  Board  of  Equalization 50 

To  keep  record  of  ordinances... 33 

City  Limits... 6-7-8-9-10 

City  Manager.... j ...26-27 

Administrative  head  of  the  City •. 26 

How  appointed...., ^ - 26 

May  consolidate  duties  cff  officers 29 

Must  make  tentative  budget 49 

Powers  and  duties...., .^... 26-28 

Removal  from  office 26 

Salary  26 

Shall  countersign  warrants 52 

Shall  receive  departmental  estimates  of  annual  requirements  48 

Term  of  office - 26 

To  publish  report 4 29 

To  recommend  salaries 29 

Civic  Art  Commission — 


Council  may  establish  commission  and  appoint  commissioners  47 
Civil  Service — 

Council  may  establish  commission  and  appoint  commissioners  47 


Collection  of  Taxes — 

Council  shall  provide  system , 48 

Collusion  by  Bidder — 

Contract  void.... 56 

Collusion  with  Bidder — 

Guilty  officer  shall  be  removed 55 

Contracts — 

Advertising  (official  printing) _ 54 

Must  be  registered..... 54 

Officers  not  to  be  interested  in * 30 

Progressive  payments 54 

Public  works........ .*. * 54 

Street  lighting  for  one  year  only.... 55 

Void  in  case  of  collusion 56 

Council — 

Act  by  ordinance  or  resolution  only _ 31 

Governing  body.... u + 30 

Majority  vote 31 

Meetings  31 

Quorum  r 31 

Rules  of  procedure.... 31 

To  elect  Vice-President. ............ 31 

To  meet  in  public ! 31 


IV. 


INDEX 


Councilmen — Page 

Bonds  23 

Elective  office 21 

Elected  at  large . 21 

Eligibility  of 1 _ 21 

Number  of 21 

Salaries  21 

Term  of  office 22 

To  hold  no  other  office 29 

Vacancy  in  office 21 

Court  Action — 

Against  public  utility  companies... ...  28 

Right  to  sue 36 

Cruelty  to  Animals — 

Council  to  prevent 40 

D. 

Dairies — 

Council  may  provide  inspection  for v 41 

Dangerous  and  Offensive  Occupations — 

Council  may  regulate  or  prohibit 40 

Deeds — 

City  to  deed  property  to  adjoining  owners  when  abandoned  44 
Department  Estimates  of  Annual  Requirements — 

Council  may  fix  date  for  submission 48 

Shall  be  submitted  before  first  Monday  in  April 48 

Shall  be  submitted  to  City  Manager 48 

Deposit  of  Money  in  Banks — 

Council  may  provide  for 53 

Deputies — 

Verification  : 13 

Disagreeable  Noises — 

Council  may  prohibit 40 

Disposition  of  Money  Collected — 

Shall  be  paid  into  treasury  once  each  month 53 

Officers  collecting  money  shall  settle  with  Auditor  once 

each  month : 53 

Direct  Legislation 36 

The  initiative 71 

Dogs — 

Council  may  regulate 39 

Council  to  regulate  running  at  large 40 

Dollar  Limit  Upon  Tax  Rate 50 

E. 

Elections — 

Ballots  - 15 

Candidate  may  withdraw - 14 

Canvass  of  returns - 19 

Council, may  make  rules  and  regulations 46 

Date  of  general  election 11 

Failure  to  qualify - - IS 

First  election  under  charter 77 


INDEX 


V. 


Elections — (Cont’d)  Page 

Informalities  not  to  invalidate 18 

Initative  - 72 

Limit  to  number  of  special  elections..... 72 

Name  of  candidate  on  ballot 16 

Nomination  petitions... . - : 11 

Nomination  petition  forms  to  be  furnished  by  Clerk 12 

Preferential  system - 15-17 

Proclamation  ,. 15 

Recall  ... 19-20 

Recount  , 19 

Regulation  of - * - — 19 

Rules  for  counting  ballots „ 17 

Special  municipal — l 11 

Time  for  filing  nomination  petitions 13 

Verification  deputies...  H - j. 13 

Voting  machines 19 

Election  of  Teachers — 

How  elected 76 

Elective  Officers — 

Elected  at  large , 21 

List  of 21 

Employees — 

Appointed  by  City  Manager 27 

No  political  or  religious  tests , 30 

Not  to  be  interested  in  contracts  or  franchises 30 

Engines  and  Boilers — 

Council  may  regulate  use  of JL 37 

Erroneously  Collected  Taxes — 

Council  may  order  repaid 42 

Execution — 

Purchase  of  property  under 43 

Explosives — 

Council  may  regulate  manufacture  and  storage 37 

F. 

Fees — 

Council  may  fix  for  official  services 40 

Finance  and  Taxation — 

Annual  estimate  of  city’s  requirements  and  revenue 48 

Council  shall  provide  system  for  .assessment,  levy  and 

collection  of  taxes 48 

Department  estimates  of  annual  requirements 1 48 

Disposition  of  money  collected 53 

Duties  of  Auditor...4— :... 52 

Fiscal  year  commences  July  1 48 

Money  to  meet  warrants ,h 53 

Uniform  accounts  and  reports.—, 53 

Fines — 

Council  to  prescribe  limit  of  fines 36 

Fire  Alarm  System — 

Council  may  establish 4 37 

Fire  Department — 

Council  may  organize 37 


VI. 


INDEX 


Fire  Escapes — Page 

Council  may  require—., 38 

Fire  Limits — 

Council  may  prescribe 37 

Must  be  defined  by  ordinance -. — 32 

Fiscal  Year — 

Commences  July  first L. ... . 48 

Form  of  Contracts — 

Must  be  countersigned  by  Auditor 54 

Must  be  executed  in  name  of  City 54 

Shall  be  drawn  under  supervision  of  City  Attorney 53 

Shall  be  in  writing - .'. 53 

Forms — 

Nomination  petition...... 11 

To  be  furnished  by  Clerk—. _ 12 

Ballots  15 

Franchises  4 * „ 57-70 

Advisory  Board  upon  resettlement  franchises 60 

Amendments  to  resettlement  franchises 63 

Annual  reports  of  company ., 69 

Application  „ + - 57 

Assumption  of  bonded  indebtedness  upon  purchase  by  city  65 

Audit  of  company’s  books 68 

Beginning  and  completion  of  work . 65 

Bond  for  faithful  performance... 4. 59 

City  may  purchase  properties 66 

City  to  enforce  adequate  service * 66 

City  to  fix  rates - 66 

City  to  provide  for  public  safety 66 

Condition  of  grant 57 

Council  to  impose  additional  terms  in  resettlement  franchises  62 

Deposit  to  cover  expenses 58 

Division  of  revenue  from  re-settlement  franchises 61 

Forfeiture  for  non-compliance 70 

Forfeiture  for  non-user 70 

Free  competition  in  bidding.—, 58 

Lease  or  assignment 68 

Life  of 62 

Resettlement  franchise... 4 - - 65 

Must  be  granted  by  ordinance 32 

Officials  to  ride  free  on  cars 66 

Passage  of  re-settlement  franchises  by  council—-.. 61 

Payment  of  gross  receipts..... 69 

Police  powers  reserved  to  City — ,..  66 

Public  hearings  upon  re-settlement  franchises 63 

Publication  of  notice * * 57 

Resettlement  franchises  in  annexed  territory 64 

Resettlement  franchises  shall  provide  for  new  franchises 

and  extensions...- - 63 

Resettlement  franchises  under  Board  of  Control 63 

Resettlement  franchises  to  provide  for  service 63 

Resettlement  franchises  to  be  voted  by  people.... 62 

Resettlement  franchises  to  be  granted  for  indeterminate 

period  61 

Resettlement  franchises  permitted 60 

Revenue  to  city 67 


INDEX 


VII. 


Franchises — (Cont’d)  Page 

Street  sprinkling,  cleaning  and  paving _ 68 

Surrender  of  existing  franchises  for  resettlement  franchise  64 

Thirty  days  between  introduction  and  adoption ; 33 

Title  to  rest  in  City  upon  purchase  of  property ...... ..  67 

Valuation  of  property  to  be  fixed  by  Railroad  Commission....  58 
When  necessary - 57 

G. 

Gambling — 

Council  may  prohibit . - 42 

Garbage — 

Council  may  provide  for  collection  of . 41 

General  Powers — 

Council  has  general  powers* * .s 47 

Gifts — 

City  -may  accept _ * „...  35 

H. 

Hours  of  Labor — 

Eight  hour  day 55 

I. 

Improper  Use  of  Streets — 

Council  may  regulate  use  of  streets * : 39 

Inflammable  Materials — 

Council  may  regulate  storage...... ...1........ • ; 37 

Initiative,  The ...... . 71-73 

Direct  legislation 71 

Conditions  attaching . 71 

Election  under 72 

Further  regulations. ... . 73 

Limit  to  special  elections 72 

Publication  of  popular  ordinance..*. 4..... . 1 72 

Repeal  of  popular  ordinance.... . 72 

Several  ordinances  at  one  election 72 

Inspection  of  Food  Products — 

Council  may  provide  for 40 

L. 

Labor — 

Eight  hour  day ..... ......... 55 

Land — 

Power  to  acquire,  sell  and  lease 34 

Lease  must  be  at  Auction 38 

Lease — 

Ordinance  necessary 32 

Municipal  utilities :....... 35 

Lease  of  Franchises * 68 

Lease  of  Lands  Owned  by  City — 

Council  may  lease 42 

Lease  of  Property — 

Must  be  made  by  ordinance.... 32 


VIII. 


INDEX 


Leases — Page 

Must  be  made  at  auction...., . 42 

Legal  Proceedings — 

Council  to  control 78 

Levy  of  Taxes — 

Council  shall  provide  system 48 

Library  Tax 51 

Library  Trustees — 

Appointed  by  Council i 28 

Powers  28 

Licensing  Business — 

Council  may  license  businesses 41 

Light  and  Water — 

Council  may  provide...., 44 

Lighting  (Street)  contract l , 55 

Limit  to  Special  Elections — 

Number  permitted _■ 72 

Lodging  Houses — 

Council  may  regulate 41 


M. 


Mayor — 

An  executive  officer 21 

Bond  23 

Duties  ! 25 

Elected  at  large 21 

Eligibility  21 

Powers  *. 25 

President  of  Council 1 31 

Pro  tern 25 

Salary  ...... 4 24 

Term  of  office 22 

Vacancy  .. 21 

Mayor’s  Urgency  Fund — 

Council  may  provide 42 

Meetings  to  be  Public — 

Board  of  Education.... 35 

Council  31 

Meetings — 

Board  of  Education.... 75 

Misdemeanor — 

Violation  of  Charter  and  ordinances 78 

Mode  of  Protesting  Against  Ordinances — 

The  referendum...... - .’ ...  74 

Money  to  Meet  Warrants  When  Payable  on  Demand 53 

Money  to  Meet  Warrants — 

Must  be  sufficient  money  in  appropriate  fund 53 

Municipal  Ownership — 

Council  may  acquire  public  utilities 47 

Municipal  Affairs 78 

Municipal  Bonds — 

State  law  must  be  followed 35 


INDEX 


IX. 


Page 

Municipal  Home  Rule 78 

Municipal  Ownership 34 

Purchase  of  franchise  properties ^ - - 66 

n'. 

Name  of  City ,. 5 

Nomination  Petition — 

Preservation  of  by  Clerk.... ! 15 

Nominations — 

For  elections.... 11-12 

Nuisances — 

Council  to  abate 36 

Oath  of  Office . 23 

Oaths — 

Administering  24 

Officers — 

Guilty  of  collusion  with  bidder  shall  be  removed. — 55 

No  political  or  religious  tests *. . 30 

Not  to  be  employed  by  public  service  corporations 30 

Not  to  be  interested  in  contracts  or  franchises—., 30 

Ordinances — 

Amendments  *. 32 

Amendments  of  appropriation 49 

Annual  appropriation ► 49 

Clerk  to  keep  record.... 33 

Confined  to  one  subject — * ., 31 

Council  can  act  only  by  ordinance  or  resolution 31 

Enacting  clause ..... l — 32 

Existing  ordinances  continued  in  force 78 

Franchise,  to  wait  30  days  for  final  passage.—. .. 33 

Must  be  published 32 

Publication  and  codification *. 33 

Reconsideration  of * 32 

Required  in  certain  cases „ 32 

Repeal  33 

Shall  be  classified 33 

Signing  and  attesting...., — 32 

Resettlement  franchise  ordinance 62 

Subject  to  be  expressed  in  title 31 

Ordinances  Necessary — 

To  define  fire  limits 32 

To  impose  a penalty .-. * 32 

To  lease  property „. 32 

To  purchase  property .. 30 

To  sell  property 32 

P. 

Park  Commission — 

Council  may  establish  commission  and  appoint  commissioners  47 
Payrolls — 

To  be  examined  by  Auditor 52 

Penalties — 

Can  only  be  imposed  by  ordinance 32 


X. 


INDEX 


Page 

Petition  of  Nomination 11 

Date  of  filing 14-15 

Date  of  presenting...- - 13 

Examination  by  Clerk - 14 

Forms  to  be  supplied  by  Clerk * 12 

Requirements  of.... 12 

Withdrawal  of  signature j - _ 14 

Petitions — 

Preservation  of,  by  Clerk 1 15 

Recall  19 

Referendum  - 74 

Initiative  *. ...- : 71 

Playground  Commission — 

Council  may  establish  commission  and  appoint  commissioners  47 
Police  Alarm  System — 

Council  may  establish - 37 

Council  may  organize 37 

Pound — 

Council  to  provide  for ..... : + 40 

Powers  of  City 33  to  36 

To  acquire  land — - 34 

To  acquire  public  buildings,  works  and  institutions. 34 

To  acquire  telephone,  telegraph  and  transportation  systems  34 

To  acquire  water,  light,  heat  and  power  works 34 

To  borrow  money - 35 

To  join  other  cities  in  ownership  of  water  supply 35 

To  lease  utilities t «. 35 

To  raise  money  by  special  tax - 35 

To  receive  gifts „. :... - 35 

To  sell  products  of  public  utilities 34 

To  sue  and  defend  in  courts—...’..........^ 36 

Powers  of  Council 36  to  47-53 

To  abate  nuisances :.... 36 

To  acquire  public  utilities ;... .' 47 

To  collect  garbage .' 41 

To  compel  removal  of  rubbish,  etc.  from  sidewalks.... 39 

To  deed  closed  streets  to  property  owners 44 

To  establish  Civil  Service  Bureau  and  appoint  Commission  46 
To  establish  Civic  Art  Commission  and  appoint  Commisioners  47 
To  establish  Commission  of  Public  Charities  and  appoint 

Commissioners  * 47 

To  establish  Playground  Commission  and  appoint  Com- 
missioners   47 

To  establish  police  and  fire  alarm  systems 37 

To  establish  or  change  grade  of  streets v 43 

To  fix  fees  for  official  services 42 

To  fix  rates  of  public  utilities.: u 45 

General  Powers , 47 

To  improve,  repair,  fix  rates  on  waterfront  and  wharves 45 

To  inspect  weights  and  measures... 4. - 41 

To  levy  and  collect  taxes....*. 42 

To  levy  taxes  for  schools 36 

To  license  business - - 41 

To  lease  city  lands  at  auction..,. 42 

To  make  regulations  for  preservation  of  public  health 40 

To  make  regulations  concerning  dangerous  or  offensive 

occupations  40 


INDEX 


XI. 


Powers  of  Council — Cont’d)  Page 

To  make  rules  governing  local  elections.... — 46 

To  maintain  or  build  streets,  alleys,  lanes,  etc 43 

To  maintain  public  pound , 40 

To  open,  close,  extend,  widen,  straighten  streets,  etc 44 

To  organize  police  and  fire  departments 4—.  37 

To  offer  rewards * «. 37 

To  preserve  public  order  and  decency 42 

To  permit  laying  of  spur  tracks ... 45 

To  prescribe  fines  and  forfeitures 36 

To  prescribe  building  regulations..... 37 

To  prescribe  fire  escapes ► 38 

To  prescribe  fire  limits , 37 

To  prescribe  fire  prevention  measures 38 

To  prescribe  safety  provisions 38 

To  prohibit  cruelty  to  animals 4 40 

To  prohibit  disagreeable  noises.—, 40 

To  provide  boulevards - 44 

To  provide  for  deposit  of  money  in  banks 53 

To  provide  for  executing  trusts , 43 

To  provide  for  inspection  of  dairies 41 

To  provide  for  inspection  of  food.... 40 

To  provide  lighting  of  streets,  public  places,  etc 44 

To  provide  official  seal 36 

To  provide  for  purchase  of  property  levied  upon  or  under 

execution  43 

To  provide  for  sale  of  useless  personal  property.... 43 

To  provide  urgency  fund  for  Mayor 42 

To  regulate  billboards.—, 4 '. 39 

To  regulate  dogs  running  at  large 39 

To  regulate  or  prohibit  gambling 42 

To  regulate  lodging,  tenement,  and  apartment  houses.... 41 

To  regulate  manufacture  and  storage  of  explosives 37 

To  regulate  poles  and  wires : 46 

To  regulate  public  shows 42 

To  regulate  public  vehicles 4 41 

To  regulate  sewers 41 

To  regulate  sixe  of  water  and  gas  pipes 4 46 

To  regulate  speed  of  trains,  automobiles,  etc 38 

To  regulate  storage  of  inflammable  materials.... 37 

To  regulate  street  railways.— 4 45 

To  regulate  use  of  engines  and  mptors 37 

To  regulate  use  of  streets , , 39 

To  require  railroad  companies  to  keep  track  area  in  repair  45 

To  repay  taxes  illegally  collected.—,. 42 

To  supply  water  for  municipal  purposes 44 

Powers  and  Duties  of— 

Auditor  ,. , 52 

Board  of  Education 74 

City  Manager.—..—:, *. 26-28 

Council  36  to  47 

Library  Trustees , 4 28 

Mayor  25 

Superintendent  of  Schools...... 4 4 75 

Precaution  Against  Fires — 

Council  may  prescribe  preventive  measures.... 38 


XII. 


INDEX 


Preferential  System — Page 

Form  of  ballots 15 

Counting  ballots 17 

Elections  17 

President  of  Board  of  Education — 

How  chosen 75 

Proclamation  (election) ,. - 15 

Progressive  Payments  on  Contracts — 

Contract  may  provide  for  progressive  payments 54 

Property — 

City’s  title  inalienable  except  as  provided  by  charter 56 

Sale  of  useless  personal  property 4 43 

Protesting  Against  Ordinances — 

The  mode  of .. 73 

Provisions  for  Safety  in  Streets — 

Council  may  regulate  speed  of  trains,  automobiles,  street 

cars,  etc....... , 38 

Provisions  for  Safety  in  Theaters,  Halls,  Etc. — 

Council  may  prescribe  preventive  measures 38 

Public  Vehicles — 

Council  may  establish  stands  and  regulate  rates.— 41 

Public  Works  and  Supplies — 

Form  of  contracts.... 4 . . . 53 

Progressive  payments  on  contracts 54 

Public  work  to  be  done  by  contract a 54 

Public  Work  to  Be  Done  by  Contract — 

How  to  Advertise  for.— — „ 54 

If  in  excess  of  $500  must  be  contracted  for...., j...... 54 

If  in  exces  of  $500  bids  shall  be  advertised  for 54 

Council  may  reject  all  bids1 ...— , 54 

Public  Order  and  Decency — 

Council  may  restrain  and  punish  violators  of 42 

Public  Buildings,  Works,  and  Institutions — 

City  may  maintain + * 34 

Public  Schools — 

The  Board  of  Education , 74  to  77 

Public  Utilities — 

Supervision  of,  by  City  Manager 28 

Publication  of  Popular  Ordinance — 

When  required.—...—, 72 

Purchase  of  Property — 

Must  be  made  by  ordinance 32 

Q. 

Quarantine — 

Council  to  regulate 40 

Quorum — 

Board  of  Education 75 

Council  31 

R. 

Railroads — 

To  repair  between  tracks— 45 


INDEX 


XIII. 


Page 

Recall  19-20 

Applies  to  all  elective  officers a 19 

Incumbent  removed  when 20 

No  election  for  three  months l 20 

Officer  automatically  becomes  candidate . 20 

Officer’s  justification 20 

Officer  may  resign , * 20 

Official  recalled  cannot  be  appointed + 20 

Petition  for * 19 

Petition  must  state  reasons. 19 

Published  call  must  state  reasons j * 20 

Special  election  when 20 

Verification  deputies,  etc - - 19 

Referendum,  The — 

Council  may  make  further  regulations . 74 

Mode  of  protesting  ordinances - 73 

Reference  of  measures  to  popular  vote .■. 74 

Repeal  of  Ordinances .. 33 

Repeal  of  Popular  Ordinance — 

How  repealed 4 72 

Reports — 

Annual  report  to  City  Manager 29 

City  Manager  to  publish  report 4 29 

Re-settlement  Franchises —60  to  70 

Resolutions — 

Confined  to  one  subject 31 

Council  can  act  only  by  ordinance  or  resolution 31 

Subject  to  be  expressed  in  title.— - : 31 

Rewards — 

Council  may  offer 37 

Rights  and  Liabilities — 

City  successor  to 5 

Rules  of  Proceedings — 

Board  of  Education 75 


S. 


Salaries — • 

Auditor  24 

City  Manager .. 26 

Councilmen  , J 24 

Mayor  24 

Officers  and  Employees 4..... 29 

School  Directors.... 24 

Sale  of  City  Property — 

Products  of  municipal  utilities 4 34 

Real  property  by  ordinance ,4 32 

Useless  Personal  Property  by  auction ^ 43 

Sale  of  Property — 

Must  be  made  by  ordinance 32 

Useless  personal  property 43 

Sample  Ballots 4 J 17 

School  Directors — 

Bonds  23 

Elected  at  large * 21 


XIV. 


INDEX 


School  Directors — (Cont’d)  Page 

Eligibility  ...4 .'. 21 

Member  of - - 21 

Salaries  24 

Term  of  office 23 

Vacancy  .... i.. 4 , 4 4 22 

Schools,  Public 74-77 

School  Warants — 

How  paid - 4 4 - 76 

Seal  of  City — 

Council  to  provide...., 36 

Sewer  Connecti/ons — 

Council  may  regulate  construction,  repair,  etc 41 

Several  Ordinances  at  one  Election — 

Limit  to  number 72 

Shows — 

Council  may  regulate  or  prohibit...., 4 42 

Size  and  Location  of  Pipes — 

Council  may  regulate.... 46 

Special  Elections — 

Limit  to  number...., j.'....4 72 

Special  Tax 4. 35 

For  permanent  improvements - - 35 

Speed  by  Trains,  Automobiles,  Street  Cars,  Etc...—, 4 4 38 

Spur  Tracks— 

Permits  must  be  revocable - - 45 

Power  to  permit 45 

Streets — 

Between  tracks  to  be  repaired  by  companies 45 

Cannot  be  used  except  by  franchise.—,.’ 57 

Lighting  contracts  for  one  year  only 55 

May  be  declared  boulevards... 4 44 

Power  to  establish  or  change  grade... 43 

Property  deed  to  adjoining  owner  when  closed 44 

Sprinkling,  cleaning  and  paving  between  tracks 68 

Street  Openings j 4 44 

Street  Work 43 

Street  Grades — 

Power  to  establish  or  change 43 

Street  Openings — 

Power  to  open 44 

State  law  to  be  followed * 44 

Street  Railroads — 

Council  to  regulate— 45 

Joint  use  of  tracks 45 

Street  Work — 

Power  to  perform 43 

Shall  be  performed  under  State  Law ,. 43 

Suits  for  Claims — 

Claims  must  be  rejected  before  suit  can  be  brought...., 52 

Superintendent  of  Schools — 

How  appointed.... * 75 

Powers  and  Duties 4 75 

Powers  of,  with  teachers - 76 


INDEX 


XV. 


T. 

Page 

Tax  Liens - 51 

Tax  Limit — 

For  schools— - - 50 

Tax  System — 

Council  shall  provide  system  for  assessment,  levy,  and 

collection  48 

Taxation — 

Council  may  levy  and  collect  taxes 42 

Taxes — 

Annual  levy * j. 50 

Board  of  Equalization 50 

Bond  Tax .* — .4. 51 

County  may  assess  and  collect—., 48 

Library  taxes 51 

Limit  of  levy 50' 

Must  be  levied  by  ordinance . 4 , 32 

Public  School  Tax 50 

Redemption  1.. - _ . 52 

Sale  of  Property  by  City — 52 

Special  tax  requires  2-3  vote  of  the  people 35 

Tax  deed  to  City 4 4 52 

Tax  liens 51 

Taxes  for  Schools — 

Levied  by  Council - 76 

Teachers — 

How  elected— ... * 76 

Power  of  Superintendent  over *. : 76 

Tenure  76 

Telephone,  Telegraph,  Transportation — 

Municipal  ownership  of j. 34 

Tenement  Houses — 

Council  may  regulate ... 41 

Tenure  of  Teachers — 

Length  of...., 76 

Title  of  Ordinance 31 

Transportation — 

Municipal  ownership  of * ....’. 34 

Trusts — 

Power  to  execute.—. — 43 


U. 


Uniform  Accounts  and  Reports — 

City  shall  be  governed  by  legislature.... , 53 

Council  shall  prescribe.... .. 53 


V. 

Vacancies  in  Elective  Offices — 

How  filled...., 1 21 

Valuation  of  Franchise  Properties : + 66 

Verification  Deputies..... 4. u ,...., 13 

Violation  of  Charter  and  Ordinances  a Misdemeanor 78 


XVI. 


INDEX 


W. 

Warrants — Page 

Issued  by  Auditor 52 

To  be  countersigned  by  City  Manager...^. 52 

When  payable  on  demand 53 

Warrants,  School — 

How  paid * >. 76 

Must  be  countersigned 4 - 76 

Signed  by  president..... 76 

Water — 

Municipal  ownership — *. 44 

Rates  to  city  not  to  exceed  charges  to  other  consumer 55 

Waterfront — 

Belt  line  may  be  used  by  all  railroads - - 70 

City  to  control a 45 

Reservation  for  belt  lines - 70 

Water,  Heat,  Light  and  Power — 

Municipal  ownership  of 4 34 

Water  Supply — 

Joint  ownership  with  other  cities j 36 

Weeds  and  Rubbish  on  Sidewalks — 

Council  may  compel  removal * 39 

Weights  and  Measures — 

Council  may  provide  for  inspection  and  sealing 41 

Wharf- 

Council  to  fix  rates - 45 


' ' ‘ ' M I I I I ||  | I 

• ii  i i / i:  / 


M II  | | II.  P [U  » 1 


UNIVERSITY  OF  ILLINOIS-URBANA 


3 01 


12  107731 


819 


